1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO.2019 OF 2009 Naational Avioators Guild ...Petitioners v/s The Registrar of Trade Unions and others ...Respondents Mr S.K. Singhvi with Mr B. D Costa for Petitioners. Mr J.S. Saluja, AGP with Mr Amol Jalisatgi, AGP for Respondents. Mr C.U. Singh, Sr. Counsel with Ms Sheetal Sabnis, Ms Ipshita Sen and Mr G.T. Mestha i/b M/s Gagrats for Interveners  Jet Airways (I) Ltd. CORAM : D.K. DESHMUKH AND R.G. KETKAR JJ. DATE : 5TH OCTOBER 2009. 2 P.C. :- 1] This writ petition is directed against the show cause notices issued by the respondent No.1 asking the petitioners to show cause why the registration of the Union should not be cancelled. As the petition is directed only against the show cause notices, in our opinion, the petition is premature. The petitioners can in their explanation to the show cause notice raise all objections that may be available to the petitioners against the proposed action. The authority which has issued the show cause notice may accept the objections raised by the petitioners and may not take any action pursuant to the show cause notice and therefore, at this stage, when there is no order passed on the show cause notice, the petitioners cannot make any grievance against the show cause notice. It is only in case an order adverse to the interest of the petitioners is passed that the petitioners can challenge both the order as also the show cause notices pursuant to which the order is passed. The 3 learned counsel appearing for employer of the members of the petitioner Union, has pointed out to us that a memorandum of agreement between the management of Jet Airways (India) Ltd. And National Aviators Guild (NAG) and Pilots representatives was signed on 12th September 2009. Paragraphs 2, 3 and 4 of this memorandum of agreement are relevant, they read as under :- 2. The primary concern of the pilots was the lack of system by which there could be an effective dialogue between them / their representatives and the appropriate level of the Management and it is this feeling which ultimately had led to the registration of N.A.G. As a Union. 3. The Management in its place has explained commercial and other fallouts of the present state of affairs and it was therefore decided that a consultative group / body be put in place which would have at 4 least two Directors from the Board of Jet, the CEO and two representatives from Flight Operations on one side, and would have five representatives of the pilots on the other, so that a continuous process of dialogue can be in place. All issues that are causing concern to the pilots and all future issues would be discussed and resolved through the mechanism. 4. In the light of this, the N.A.G. Would agree that, in the proceedings initiated by the Registrar vide his show cause notice dated August 6, 2009, the Registrar should review his order dated July 24, 2009 and with this the proceedings initiated vide the aforesaid show cause notice would stand concluded and the NAG will not pursue this afresh. Perusal of this memorandum of agreement shows that one of the causes of dispute between the 5 parties was registration of the petitioner Union. The memorandum of agreement also shows that now a mechanism has been adopted between the parties for resolving the dispute. The memorandum of agreement also shows that the show cause notice issued in August 2009 has been specifically referred to. Perusal of the petition shows that though the memorandum of agreement is referred to, the contents of that memorandum have not been disclosed in the petition nor a copy thereof has been annexed. This memorandum of agreement has been acted upon. It was contended by the learned counsel appearing for employer that the employer has acted on that representation and has taken steps that they would not have otherwise taken. Taking overall view of the matter therefore, in our opinion, the petitioners do not deserve interference at the hands of this Court at this stage in a petition filed against the show cause notice. Petition is rejected. Parties to act on the copy of this order 6 duly authenticated by the Associate / Private Secretary of this Court. Certified copy expedited. ( JUSTICE D.K. DESHMUKH ) ( JUSTICE R.G. KETKAR )