[11. Appeal.—
(1) Any person aggrieved by any refusal of the Registrar to register a
Trade Union or by the withdrawal or cancellation of a certificate of registration may, within
such period as may be prescribed, appeal,—
(a) where the head office of the Trade Union is situated within the limits of a Presidency-town
2
***, to the High Court, or
3
[(aa) where the head office is situated in an area, falling within the jurisdiction of a Labour
Court or an Industrial Tribunal, to that Court or Tribunal, as the case may be;]
(b) where the head office is situated in any other area, to such Court, not inferior to the
Court of an additional or assistant Judge of a principal Civil Court of original jurisdiction,
as the 4[appropriate Government] may appoint in this behalf for that area.
(2) The appellate Court may dismiss the appeal, or pass an order directing the Registrar to
register the Union and to issue a certificate of registration under the provisions of section 9 or
setting aside the order for withdrawal or cancellation of the certificate, as the case may be, and
the Registrar shall comply with such order.
(3) For the purpose of an appeal under sub-section
(1) an appellate Court shall, so far as may
be, follow the same procedure and have the same powers as it follows and has when trying a suit
under the Code of Civil Procedure, 1908 (5 of 1908), and may direct by whom the whole or any
part of the costs of the appeal shall be paid, and such costs shall be recovered as if they had
been awarded in a suit under the said Code.
(4) In the event of the dismissal of an appeal by any Court appointed under clause ( b) of
sub-section
(1), the person aggrieved shall have a right of appeal to the High Court, and the
High Court shall, for the purpose, of such appeal, have all the powers of an appellate Court
under sub-sections
(2) and
(3), and the provisions of those sub-sections shall apply
accordingly.]
