OUS KUTILINGAL ACHUDAN NAIR Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an appeal by special leave against a judgment of the High Court of Andhra Pradesh.

(2.) The appellants are office bearers of the Civil Employees Unions in the various Centres of the Defence Establishments of Secunderabad and Hyderabad. They filed a writ petition in the High Court to impugn the authority of the Commandants (Respondents 2 and 3 herein) in declaring the Unions, represented by the appellants as unlawful associations.

(3.) The Registrar of Trade Unions had issued Certificates of Registration to the four Unions represented by the appellants between 1954 and 1970. The General Secretary of Class IV, Civil Employees Union, Belaram, Secunderabad was informed, per letter dated 12-5-1971, by the Under-Secretary of the Government of India. Ministry of Defence that their Unions could not be granted recognition as these employees being in the Training Establishments, were not entitled to form Unions. The Commandant also issued a notice to the appellants to show cause why disciplinary action be not taken against them for forming this unlawful association.