PETITIONER:
D.K. CHHANGANI & ORS.
Vs.
RESPONDENT:
NITYA RANJAN MUKHERJEE & ORS.
DATE OF JUDGMENT: 17/09/1996
BENCH:
K. RAMASWAMY, G.B. PATTANAIK
ACT
HEADNOTE
JUDGMENT
ORDER
This appeal by special leave arises from the order of the Calcutta High Court made on September 14, 1979 and December 17, 1979 in Civil Rule No. 13393 (W).
The claims relate to the recognition to the rival union of Geological Survey of India Employees’ Association. The controversy is : as to whether the Calcutta High Court has jurisdiction over the adjudication made by the Industrial Tribunal in Maharashtra on the rival questions of the membership and recognition of an association based thereon ? It is not necessary to go into the question, though it is not necessary to go into the question, though it is open to grave and grim jurisdictional fault for two reasons. Firstly, since elections were held on September 12, 1975 and more than two decades have passed by since then, it is no longer a live issue. Moreover, the President exercising the power under Proviso to Article 309 of the Constitution and clause (5) of Article 148, after consultation with the Comptroller and Auditor General, had issued rules called the Central Civil Services (Recognition of Service Associations) Rules, 1993 which came into force w.e.f. November 5, 1993. Rule 4 deals with Service Associations registered or yet to be registered. They are required to make an application under Section 3. Clause (5) prescribes conditions for recognition of a Service Association and provides as under :
"5. Conditions for recognition of
Service Associations : A Service
Association which fulfills the
following conditions may be
recognised by the Government,
namely :-
(a) An application for recognition
of Service Association has been
made to the Government containing
Memorandum of Association,
Constitution, Bye-laws of the
Association, Names of Office-
Bearers, total membership and any
other information as may be
required by the Government.
(b) the Service Association has
been formed primarily with the
object of promoting the common
service interest of its members;
(c) membership of the Service
Association has been restricted to
a distinct category of Government
servants having common interest all
such Government servants being
eligible for membership of the
Service Association.
(d) (i) The Association represents
minimum 35 per cent of total number
of a category of employees provided
that where there is only one
Association with second highest
membership, although less than 35
per cent may be recognised if it
commands at least 15 per cent
membership;
(ii) The membership of Government
servant shall be automatically
discontinued on his ceasing to
belong to such category;
(e) Government employee who are in
service shall be members of office
bearers of the Service Association;
(f) the Service Association shall
not be formed to represent the
interests, or on the basis of any
caste, tribe or religious
denomination or of any group within
or Section of such caste, tribe or
religious denomination;
(h) the lands of Service
Association consists exclusively of
subscriptions from members and
grants, if any, made by the
Government, and are applied only
for the furtherance of the objects
of the Service Association."
Rule 6 deals with conditions subject to which recognition is continued to the Associations and Rule 7 gives power for verification of the membership. Rule 8 deals with withdrawal of recognition. Rule 9 gives power to the Government for relaxation. Rule 10 relates to interpretation of the Rules.
It would, thus, be seen that if there are more than one rival unions of the Service employees, the Government of India have evolved a policy as to how the Service Associations required to be recognised by the appropriate authority should represent the interest of the members of the respective unions. In this view, it would be open to the appropriate union to approach the Government in the light of the above rules and seek recognition in accordance with law to avoid any future litigation in this behalf.
The appeal is accordingly disposed of.
No costs.