SUDHJINDER KAUR Vs. JASWANT SINGH

JUDGEMENT

(1.) This appeal by special leave arises from the order of the Calcutta High Court made on September 14, 1979 and December 17, 1979 in Civil Rule No. 13393(W).

(2.) The claims relate to the recognition to the rival union of Geological Survey of India Employees Association. The controversy is:as to whether the Calcutta High Court has jurisdiction over the adjudication made by the Industrial Tribunal in Maharashtra on the rival questions of the membership and recognition of an association based thereon It is not necessary to go into the question, though it is open to grave and grim jurisdictional fault for two reasons. Firstly, since elections were held on September 12, 1975 and more than two decades have passed by since then, it is no longer a live issue. Moreover, the President exercising the power under Proviso to Article 309 of the Constitution and clause (5) of Article 148, after consultation with the Comptroller and Auditor General, had issued Rules called the Central Civil Services (Recognition of Service Associations) Rules, 1993, which came into force w.e.f. November 5, 1993. Rule 4 deals with Service Associations registered or yet to be registered. They are required to make an application under Section 3. Clause (5) prescribes conditions for recognition of a Service Association and provides as under:

(3.) Rule 6 deals with conditions subject to which recognition is continued to the Associations and Rule 7 gives power for verification of the membership. Rule 8 deals with withdrawal of recognition. Rule 9 gives power to the Government for relaxation. Rule 10 relates to interpretation of the Rules.