1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BEN CH : NAGPUR WRIT PETITION No. 5125/2009. ( Raymond UCO Denim Pvt. Ltd. and others -: versus :- Assistant Regiatrar Unions and another ) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : JANUARY 29, 2010. Heard finally by consent of Shri R.B. Puranik, learned counsel for petitioner, learned A.G.P. for respondent no.1 and Shri R.N. Sen, learned counsel for respondent no.2. Shri Puranik, learned counsel for petitioner contends that without verifying the documents submitted by respondent no.2 Trade Union, the strength of its membership is being ascertained directly by physical verification. He invites attention to the provisions of Rule 28A of the Bombay Industrial Relation Rules to point the procedure prescribed therefor. Shri Sen, learned counsel states that all relevant documents are filed on 24.02.2009, the documents are verified and thereafter the order for physical verification has been passed on 05.11.2009. Learned A.G.P. however is not in a position to point out, whether the documents submitted by respondent 2 no.2 have been verified and thereafter the order has been passed. Contention of learned counsel for petitioner is that if the documents filed by respondent no.2 Union do not show requisite strength, visit for verification will unnecessarily create disturbance in the normal working of the petitioner / factory. In present situation I do not find it proper to go into the correctness or otherwise of the grievance made by the petitioner. The issue can be resolved by directing the petitioner to produce all their attendance register / musters before respondent no.1 Assistant Registrar, within a period of 15 days from today as required for the purpose and undertaking the exercise of verification. The said Authority to look into the documents filed by respondent no.2 Trade Union and documents produced by the petitioner no.1 Employer and to decide thereafter, whether the claim of respondent no.2 Union can be granted or not. If after such attempt is made, for resolving any doubt if respondent no.1 finds physical verification necessary he may pass appropriate orders in that respect, and impugned order dated 5.11.2009 shall not come in his way for that purpose. With this direction Writ Petition is disposed of. No cost. JUDGE Rgd.