Court directs representation on JCM Council membership verification violations before merits adjudication.

Prayer: Writ Petition filed under Article 226 of the Constitution of India, for the issuance of a Writ of Certiorarified Mandamus to call for the records in connection with the impugned order dated 05.01.2026 having reference No. 17176 / Constt /13theTerm/AG/MP-4(Civ) (JCM) passed by the 2^nd respondent and quash the same, and consequently direct the 2^nd and 3^rd respondents to conduct the verification of membership of the Trade Union / Federation and Service Associations as per the instructions issued by the 1^st respondent dated 11.11.2019 and 30.04.2024 by enforcing the secret ballot system for the employees who have missed the secret ballot system but are coming under the workmen category to choose their representatives and then constitute the 13^th Term of JCM III Level Council by 2^nd respondent and 12^th Term of JCM III Level Council by the 3^rd respondent and 12^th Term of the JCM II Level Departmental Council of the MoD by the 1^st respondent For Petitioner : Mr. A. Muthukumaran for M/s.Paul and Paul For Respondents : Ms.P.J. Anitha

ORDER

This writ petition has been filed to call for the records in connection with the impugned order dated 05.01.2026 having reference No. 17176 / Constt /13theTerm/AG/MP-4(Civ) (JCM) passed by the 2^nd respondent and quash the same, and consequently direct the 2^nd and 3^rd respondents to conduct the verification of membership of the Trade Union / Federation and Service Associations as per the instructions issued by the 1^st respondent dated

11.11.2019 and 30.04.2024 by enforcing the secret ballot system for the employees who have missed the secret ballot system but are coming under the workmen category to choose their representatives and then constitute the 13^th Term of JCM III Level Council by 2^nd respondent and 12^th Term of JCM III Level Council by the 3^rd respondent and 12^th Term of the JCM II Level Departmental Council of the MoD by the 1^st respondent.

2. It is stated that the petitioner, All India Defence Employees Federation (AIDEF) is a Federation of the Trade Unions of Defence Civilian Employees, was established in the year 1953 and recognised by Ministry fo Defence during the year 1954. It is the case of the petitioner that the Ministry recognises federations centrally and that employees falling under the workman category are entitled to join trade unions, whereas non-workmen are permitted to join service associations.

3. It is further stated that the JCM- III Level Council is consisting of the representatives of the Federations / Trade Unions and the Service Associations and these representative slots will be allotted to each Federation /Trade Union and the Service Associations based on their membership strength in the respective Directorates, and the tenure of each JCM-III Level Council is three years. JCM-III Level Council is determined based on the membership strength of federations / trade unions and service associations. Such Membership verification, insofar as workmen are concerned, ought to be conducted only through secret ballot, whereas for non-workmen it is through the check-off system.

4. It is also stated that the 1^st respondent / Ministry of Defence, by its communication dated 11.11.2019, 06.10.2023 and 30.04.2024, has categorically clarified that employees covered under the Factories Act, 1948 and the Industrial Disputes Act, 1947, namely the workmen category, cannot be members of service associations and there is a clear prohibition in this regard. It is the specific grievance of the petitioner that despite such clarification, the Army Headquarters (AG’s Branch) and Air Headquarters have conducted the membership verification in violation of the said guidelines by excluding several categor