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D.K. Chhangani & Ors. v. Nitya Ranjan Mukherjee & Ors.

Supreme Court of India · 17 September 1996 · [1996] SUPP. 6 S.C.R. 438

Court
Supreme Court of India
Decided
17 September 1996
Reported as
[1996] SUPP. 6 S.C.R. 438
Result
Disposed of
Bench
K. Ramaswamy, G.B. Pattanaik
Length
2 pages
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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.

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