Resemblance Likely To Deceive Public Is Basic Guideline For Considering Request To Change Trade Union Name: Madhya Pradesh HC
The Madhya Pradesh High Court while allowing Writ Petition filed by Madhya Pradesh Shramjeevi Patrakar Sangh observed that resemblance likely to deceive the public is the basic guideline for considering request to change name of a trade union.
The Court said that to find out as to whether there is any resemblance in the names of Trade Unions which may deceive the general public, the Registrar should not look for differences in the names but should look for similarities.
The Court was hearing a Writ Petition filed against an order passed by the Registrar, Trade Union, by which an application filed by the respondent for change of its name to "M.P. Working Journalist Union" in place of "Working Journalist Union" has been allowed.
The bench of Justice GS Ahluwalia observed, “…resemblance likely to deceive public is basic guideline for considering the request for change of name of Trade Union.”
Advocate Anshika Yadav appeared for the Appellant and Advocate Dilip Parihar appeared for the Respondent.
“The Registrar should have considered as to who are the persons likely to be deceived or confused due to the resemblance between two names and what are the rules of comparison to be adopted in judging whether such resemblance exists or not and what are the common elements and what is the first impression.”, the Court observed.
The Court further said, “The reasons are the heart beats of the order and they are necessary to find out as to what prompted the Authority to pass the order in question.”
The Court noted that the impugned order is unreasoned without any reason to justify the conclusion and accordingly, it quashed the order.
Finally, the Court allowed the Petition.
