& Ors Vs. Nitya Ranjan Mukherjee & Ors  INSC 1145 (17 September 1996)
O R D
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).
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
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.
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 :
Conditions for recognition of Service Associations : A Service Association
which fulfills the following conditions may be recognised by the Government,
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.
Service Association has been formed primarily with the object of promoting the
common service interest of its members;
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.
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;
The membership of Government servant shall be automatically discontinued on his
ceasing to belong to such category;
Government employee who are in service shall be members of office bearers of
the Service Association;
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;
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.
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.
appeal is accordingly disposed of.
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