Trade unions have the constitutional right to self-governance, and employer-imposed restrictions on election processes are unconstitutional.

JUDGMENT :

RAVINDRA V. GHUGE, J.

1. Rule. Rule made returnable forthwith and heard finally by the consent of the parties.

2. The Petitioners have put forth prayer clauses (a), (b), (c), (d) and (e), as under:-

“(a) That this Hon'ble Court be pleased to hold and declare that the Rule 15 of the Central Civil Services (Conduct) Rules 1964 is not applicable to the associations or trade unions whose membership is restricted to the employees working in the Department of Atomic Energy or in any Ministry or department of the Government of India and there is no requirement for seeking prior permission of the employer to become a office bearers of such association or trade union or federation.

(b) That this Hon'ble Court be pleased to hold and declare that the insistence of the DAE of a restricted tenure of 2 terms or 5 years maximum to be office bearers of such service associations/unions/federations is restrictive arbitrary and in violation of the statutory Central Civil Services (Recognition of Service Association) Rules 1993 and liable to be struck down.

(c) That this Hon'ble Court be pleased to issue a writ of mandamus or other appropriate writ, order or direction in the nature of mandamus directing the Respondents and specifically the Department of Atomic Energy not to insist upon the employees working in the said Department to take prior permission under Rule 15 of the CCS Conduct Rules to become members or office bearers or stand for office of office bearers of recognized association and trade unions and federations in the said department and which is restricted to the employees of the said Department only;

(d) That this Hon'ble Court be pleased to issue a writ of mandamus or other appropriate writ, order or direction directing the Respondents and specifically the Department of Atomic Energy not to restrict the tenure of the office bearers of the recognized service association/unions/federations to 2 terms or 5 years maximum”

3. Petitioner No.1 is a National Federation of Atomic Energy Employees working in the department of Atomic Energy and its constituent units all over the country. It is a registered federation under the Trade Unions Act, 1926 and also a recognized association representing the non-gazetted employees in the department of Atomic Energy and its constituent Units, for several decades. The Trade Unions Registration Certificate dated 2^nd February, 2000 is placed on record.

4. Petitioner No.2 is the Atomic Energy Workers and Staff Union representing the non-gazetted employees working in Bhabha Atomic Research Centre, Mumbai, a department of Atomic Energy. It is a Registered Trade Union having been issued with the Registration Certificate on 15^th July, 1993.

5. The grievance of the Petitioners is the office memorandum dated 5^th August, 2019, issued by the Government of India, Ministry of Personnel Public Grievances and Pensions, Department of Personnel and Training, vide which, the Under Secretary to the Government of India has imposed certain restrictions u/Rule 15(1)(c) of the CCS (conduct) Rules, 1964 (hereinafter referred to as the 1964 Rules). It is ordered that no government servant shall, except with the previous sanction of the Government, hold an elective office or canvas for a candidate or candidates for an elective office in any body, whether incorporated or not.

6. For ready reference, paragraphs 1 to 4 of the office memorandum dated 5^th August, 2019, are reproduced herein under:-

“ The undersigned is directed to say that as per Rule 15 (1) (c) of the CCS (Conduct) Rules, 1964, no Government servant shall except with the previous sanction of the Government, hold an elective office, or canvass for a candidate or candidates for an elective office, in any body, whether incorporated or not. DoPT's O.M. No. 11013/9/93-Estt.(A) dated 22.04.1994 had also stipulated that no Government servant should be allowed to hold elective office in any sports association/federation for a term of more than 4 years, or for one term whiche