O.CHHINNAPPA REDDY, V.KHALID
Gopal Upadhyaya – Appellant
Versus
Union Of India – Respondent
Judgment
CHINNAPPA REDDY, J. :- The Army Medical Corps Civilian Employees Union, Lucknow was registered on January 27, 1964 with the Registrar of Trade Unions, Uttar Pradesh, under the provisions of the Trade. Unions Act. The members of the Union are carpenters, tailors, boot-makers, gardeners, sweepers, cooks, messengers, etc., who may be compendiously described as Camp-followers of the Army. The registration of the Trade Union was cancelled on January 6, 1978 by the Registrar of Trade Unions on the ground that such registration had ceased to be valid in view of the decision of the Supreme Court in Civil Appeal No. 1821 of 1974. It was said that the registration was initially granted under a mistake and it was, therefore, cancelled. This order of cancellation of registration of the Union is challenged in these petitions under Art. 32 of the Constitution.
2. The submission of Sri Anil Kumar Gupta, learned counsel for the petitioners is that the members of the Union who are civilian employees of the Army Medical Corps are not subject to the Army Act and the rules made thereunder and Art. 33 of the Constitution has no application to them. It is not disputed that if the members of the U
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