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2022 Supreme(Cal) 939
IN THE HIGH COURT OF CALCUTTA
Krishna Rao, J.
Fire Services Workers Union, West Bengal And Others - Appellant
Versus
State Of West Bengal And Others - Respondent
WPA No. 2770 of 2019
Decided On : 10-03-2022
Bikash Ranjan Bhattacharyya, Advocate, Bhaskar Ghosh, Advocate, Lalit Mohan Mahata, Advocate, Jhuma Chakraborty, Advocate
The withdrawal of recognition of a trade union must be preceded by an opportunity of hearing and must follow the procedure prescribed under the Trade Unions act, 1926. Policy decisions must be rational, reasonable, and based on proper materials, and the recording of reasons serves the purpose of ensuring fairness and transparency in the decision-making process.
Headnote:
Trade Union - Challenge to Resolution No. 1940/FES/O/3S-16/2017 - Trade Union act, 1926 - Section 10, West Bengal Service (duties), etc. rules - Article 33 of the Constitution of India
Fact of the Case:
The petitioner, a registered Union, challenged a resolution issued by the Government of West Bengal withdrawing recognition of all associations, unions, or societies of the members of the Fire Brigade. The petitioner argued that the resolution was arbitrary, violated natural justice, and infringed upon fundamental rights.
Finding of the Court:
The Court found that the withdrawal of recognition without giving an opportunity of hearing was in violation of the principles of natural justice. The Court also noted that the registration of the Union had not been withdrawn by the Registrar as required under the Trade Unions act, 1926. Therefore, the impugned resolution was set aside, and the petitioner Union was allowed to function as it was before the resolution was issued.
Issues: The main issue was whether the withdrawal of recognition of the petitioner Union without providing an opportunity of hearing and without following the procedure under the Trade Unions act, 1926 was lawful.
Ratio Decidendi: The Court held that the withdrawal of recognition without giving an opportunity of hearing and without following the procedure under the Trade Unions act, 1926 was in violation of the principles of natural justice. The Court also emphasized the importance of recording reasons for policy decisions and the need for transparency in the decision-making process.
Final Decision: The impugned resolution was set aside, and the petitioner Union was allowed to function as it was before the resolution was issued.
JUDGMENT
Rao, J. - The petitioner no. 1 is a Union of the personnels engaged as Group- B, C and D employees in the West Bengal Fire and Emergency Services.
2. The petitioner nos. 2 and 3 are the General Secretary and Joint Secretary of the petitioner no. 1.
3. The petitioners have challenged the Resolution No. 1940/FES/O/3S-16/2017 dt. 18.12.2018 issued by the Government of West Bengal.
4. The petitioner no. 1 is a registered Union under the Trade Union act, 1926 having registration No. 732 dt. 30.03.1946.
5. The aims and objects of the petitioner no. 1 union amongst others to protect and espouse by all legal means the trade union rights including the economic, social, democratic and cultural rights of the members for their services related interest.
6. Since the year 1946, the petitioner Union is discharging its duty as per the aims and objects of the Union after being recognized by Government of West Bengal and carrying out the immense responsibility of placing, highlighting and negotiating the grievances of the members of the union and other employees of the Department of Fire and Emergency Services, Government of West Bengal before the departmental authorities for redressal of the same by way of representations, deputations, discussions, deliberations of bilateral conciliation upon day-to-day interactions with the members as well as higher echelons of the administration and also extending their activities for protection of interest of other department of the State Government as well as Central Government along with working people of all strata apart from employees of the Department of Fire and Emergency Services, by fostering joint association and larger democratic movement by involving them by elevating through cultural level and thinking and awareness for the purpose of the same taking of various educational plans and activities by distributing leaflets, publishing poster, several magazines, organizing trade union class and cultural program etc.
7. all of a sudden by way of communication dt. 31.12.2018 a Resolution No. 1940/FES/O/3S-16/2017 dt. 18.12.18 issued by the Government of West Bengal was served upon the petitioner union.
8. By way of the resolution dt. 18.12.2018, the Governor of West Bengal has constituted a Board namely 'The West Bengal Fire and Emergency Services Welfare Board' and 'West Bengal Fire and Emergency Services Divisional Welfare Board' to ensure welfare of the members of the Fire Brigade of the State of West Bengal in the following manner:-
'West Bengal Fire & Emergency Services Welfare Board:-
(1) In the State, there shall be a Board, namely, the West Bengal Fire and Emergency Services Welfare Board and the said Board shall consist of the following members:-
(a) | Director General, West Bengal Fire & | Chairman |
(b) | additional Director General or Director, West Bengal Fire & Emergency Services | Member Secretary |
Maintenance Superintendent | Member | |
(d) | Station Officers (two) | Members |
(e) | Chief Mobilising Officer or Mobilising Officer | Member |
(f) | Sub-Officers (two) | Members |
(g) | Leaders (three) | Members |
(h) | Fire Engine Operator cum Driver (three) | Members |
(i) | Fire Operators (six) | Members |
(j) | Staff Car Driver | Member |
(2) The Board meeting shall be held once in every quarter.
(3) The Board shall formulate guidelines and procedures for smooth conduct of the Board.
4. West Bengal Fire and Emergency Services Divisional Welfare Board:-
(1) In every Division, there shall be a Board, namely, the West Bengal Fire and Emergency Services Divisional Welfare Board and the said Board shall consist of the following members:-
(a) | Divisional Fire Officer | Chairman |
(b) | Senior Most Station Officer | Member |
Station Officer | Member | |
(d) | Sub-Officers (two) | Members |
(e) | Mobilising Officer or assistant Mobilising Officer | Member |
(f) | Leaders (three) | Members |
(g) | Fire Engine Operator cum Driver (two) | Members |
(h) | Fire Operators (three) | Members |
(i) | Staff Car Driver | Member |
(2) The Board meeting shall be head of legal once in every month.
(3) The Board shall formulate regula
