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1964 Supreme(Cal) 263

D.BASU
EASTERN RAILWAY EMPLOYEES CONGRESS – Appellant
Versus
GENERAL MANAGER, EASTERN RAILWAY – Respondent


Advocates Appeared:
Anil Sen, KANIKA BANERJI, NANI CHAKRAVORTY, R.L.Deo, R.M.DUTTA

( 1 ) THE Petitioner before me, under Article 226 of the Constitution, is a Trade Union of Railway employees, registered as the Eastern Railway Employees Congress, which claims a membership of over 34,000 consisting of Class III and IV (i. e. , non-gazetted) staff of the Eastern Railway. On the representation of the Petitioner, the Government of India offered their recognition to this Trade Union, by their letter of February 2, 1962, subject to certain terms and conditions (Ann. A to the petition), and, on the acceptance by the Petitioner of those terms and conditions, such recognition was conferred by the Government letter of February 7, 1982 (Ann. D ). One of these terms and conditions was that the Petitioner would revise its constitution to bring it in conformity with the terms of Part C of App. XIII (hereafter referred to as 'the Appendix') of the Railway Establishment Code, Vol. I (hereinafter referred to as 'the Code') which lays down the 'conditions precedent to the recognition of a Union by a Railway Administration'. The petitioner's case is that before the petitioner could take steps in the matter of revision of its constitution, Respondent No. 1, the General Manager of th













































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