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2024 Supreme(Online)(MP) 13566

HIGH COURT OF MADHYA PRADESH
Officers Association Piplani Bhel Bhopal Acting – Appellant
Versus
Govt. Of India – Respondent


Advocates:
Ram Gulam Mahajan,Deputy Solicitor General

ORDER

Petitioner has filed this petition under Article 226 of the Constitution of India making a prayer for quashing of order dated 12.12.2023, contained in Annexure P/5, by which respondent No.2-BHEL has issued directions for recovery of 15% in respect of perks and allowances of Executive Officers (Engineers).

2. Learned Deputy Solicitor General appearing for respondents submitted that writ petition filed in representative capacity by society is not maintainable.

In service matters PIL is not permissible. Members of petitioner society are not down trodden or poor people who cannot approach before this Court so that they are to be represented through society by filing PIL. It is also submitted that under Industrial Distputes Act, Labour Associations are permitted to file disputes before Industrial Court but same is in respect of labours who come from a different class of society. In service matters, such type of representative petitions cannot be allowed. Reliance is placed on judgment passed by Single Judge in case of Central Professor/Scientist Technical Council, Gwalior vs Rajmata Vijayaraje Scindia Krishi Vishwa Vidyalaya, Gwalior reported in 2016 (2) M.P.L.J. 319. He relied


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