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IN THE HIGH COURT AT CALCUTTA
SHAMPA DUTT (PAUL)
Asit Bangabash – Appellant
Versus
Union of India – Respondent
JUDGMENT :
SHAMPA DUTT (PAUL), J.
1. The writ petition has been preferred challenging an E-Mail Communication by the ADG (SR & Legal) postal departments dated 15.05.2023 directing all heads of circles to ensure that the money for the subscription of members of the Petitioner's Association shall not be deducted through DDO till further order in compliance to the decision of the competent authority in terms of the Department order No SR-10/7/02022-SR-DOP Dated 26-04-2023. The said Departmental order pertains to the cancellation of the recognition of Petitioner's Union as a Service Association under the Central Civil Services (Recognition of Service Associations) Rules 1993.
2. It is stated that the impugned E mail Communication seeking to impose a ban on the right of a member of an association to make any contribution from their salary account for the purpose of depositing the subscription for the membership, is nothing but a gross violation of right to be part of an association as guaranteed by Article 19(1)(c) of the Constitution of India.
3. The reason which has been cited in support of the impugned communication is an order of the competent authority being Departmental Order No Sr-10
The court affirmed that the right to union subscription deduction is constitutionally protected and not contingent upon union recognition status, ensuring ongoing membership rights.
Service associations must comply with their governing rules, prohibiting political funding and ensuring that funds are used solely for promoting members' common interests.
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.
A trade union must exist at the time of application for recognition to raise objections; membership must be proven for the preceding six months.
The Commission ruled that grievances regarding adequate responses under the RTI Act do not extend to administrative disputes, adhering strictly to statutory mandates.
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