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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
RAVINDRA V. GHUGE, ASHWIN D. BHOBE
National Federation of Atomic Energy Employees (NFAEE) – Appellant
Versus
Union of India – Respondent
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 di
Trade unions have the constitutional right to self-governance, and employer-imposed restrictions on election processes are unconstitutional.
The Registrar of Trade Unions cannot impose restrictions contrary to the Trade Unions Act, allowing retired employees to serve as office bearers within stipulated limits.
Point of law: Election dispute which is sought to be resolved, the Division Bench was of the view that, the election dispute in a trade union need not be interfered with by the writ Court.
The central legal point established in the judgment is the right of the members of a trade union to elect their office-bearers and the management's lack of authority to impose arbitrary restrictions ....
Statutory remedies should be exhausted before seeking writ relief; election eligibility must adhere to defined criteria as per issued Circulars.
The registered union shall be allowed to participate in the election, but the terms and conditions agreed upon by the parties are binding.
The Code of Discipline and criteria for recognition of union agreed upon by the Management and Unions is binding upon the petitioner, and the court cannot re-legislate the agreed terms and conditions....
The court established that retired employees cannot be arbitrarily excluded from union representation in grievance redressal processes, affirming their rights under the Trade Unions Act and Industria....
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