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1993 Supreme(Cal) 367

A.M.BHATTACHARJEE, N.K.BATABYAL
BOARD OF TRUSTEES FOR THE PORT OF CALCUTTA – Appellant
Versus
HALDIA, CALCUTTA PORT AND DOCK SHRAMIK UNION – Respondent


Advocates Appeared:
ARCHANA SENGUPTA, Gopal Dutt, N.N.DEBNATH, NIHARENDU D.MAJUMDAR

A. M. BHATTACHARJEE, CJ.

( 1 ) I have gone through the judgment prepared by Batabyal, J. appearing hereinafter. For the reasons stated in the judgment, I agree that the appeals are to be allowed and the writ petition giving rise to these two appeals is to be dismissed.

( 2 ) THE right to form association or union is a fundamental right guaranteed by Article 19 (1) (c) of the Constitution. If the union is a union of workers, a recognition of the union by the employers would obviously facilitate the activities of such a trade union. But every activity which facilitates the exercise of a fundamental right specifically guaranteed by the Constitution is not necessarily comprehended in that fundamental right. Even if it appears that a given fundamental right may not be fully exercised without some further or additional right, such further or additional right cannot as a matter of course be regarded as part of the guaranteed fundamental right. The test to be applied is, whether the right claimed is an integral part of the specified fundamental right or partakes of the same basic nature and character as of that fundamental right so that the exercise of such right is in reality and substa























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