D.K. CHHANGANI AND ORS.versusNITYA RANJAN MUKHERJEE AND ORS.

A                           D.K. CHHANGANI AND ORS.
                                            v.
                    NITYA RANJAN MUKHERJEE AND ORS.

                                 SEPTEMBER 17, 1996

B                 [K. RAMASWAMY AND G.B. PATTANAIK, JJ.]

             Ce11tral Civil Services (Recog11itio11 of Se1vice Associatio11s) Rules,
     1993:

c is ope11Rules 4 to J(}-Rival U11io11s of Se1vice employees-Recognition of-It
            to the U11io11 co11cemed to approach the Govemme11t under the
     provisio11s of the Rules and to seek recognition in accordance with /aw-This
     would avoid future litigation i11 this behalf.

             CIVIL APPELLATE JURISDICTION : Civil Appeal No. 490 of
D 1980.
          From the Judgment and Order dated 14.9.79 of the Calcutta High
     Court in Civil Rule No. 13393 (W) of 1979.

             AK. Pandey, R.K. Khanna and R.P. Singh for the Appellants.
E
           B. Sen and P.P. Malhotra, Dilip Sinha, D. Krishnan, K.R. Nambiar
     .and C.V.S. Rao for the Respondents.

             The following Order of the Court was delivered :

F         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
·G    the Calcutta High Court has jurisdiction over the adjudication made by the
     ,Industrial Tribunal in Maharashtra on the rival questions of the member-
     ship and recognition of an association based thereon? 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,
H    1975 and more than two decades have passed by since then, it is· no longer
                                           438
                     D.KCHHANGANiv. N.R.MUKHERJEE                           439


-   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
                                                                                   A


    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
                                                                                   B
    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 recog-
            nised by the Government, namely;                                       C

            (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;         D

            (b) the Service Association has been formed primarily with the
                object of promoting the common service interest of its mem-
                bers;
                                                                                   E
            (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 mem-
                  bership of the Service Association;

            (d) (i) The Association represents minimum 35 per cent of total        F
                number of a category of employees provided that where there
                is only one Association \vith second highest membership,
                although less than 35 per cent may be recognised if it com-
                mands at least 15 per cent membership;
                                                                                   G
                  (ii) The membership of the Government servant shall be
                  automatically discontinued on his ceasing to belong to such
                  category;

             (e) Government employees who are in service shall be members
                 of office bearers of the Service Association;                     H
        440                    SUPREME COURT REPORTS (1996) SUPP. 6 S.C.R.

    A             (t)   the Service Assotiation 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 reli~ious denomination;

                  (g) tfle Executive of the Service Association has been appointed
    B                 from amongst the members only; and
                           I

                  (h) the lands of the Service Association consist exclusively of
                      subscriptions from members and grants, if any, made by the        (

                      Government, and are applied Ot!.ly for the furtherance of the
                      objects of the Service Association."
    c
              Rule 6 deals with conditions subject to which recognition is con-
        tinued 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
    D   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
    E   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.
    F
        'G.N.                                                      Appeal disposed.




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