UNION OF INDIA Vs. CHHEOKI DEPOT LABOUR UNION

JUDGEMENT

(1.) Chheoki Depot Labour Union, a registered trade Union ('Union' for short), having its head office at Naini in the district of Allahabad, filed a writ petition before a learned Judge of this Court praying for a writ, order or direction in the nature of mandamus commanding the Commandant of the Central Ordnance Depot, Chheoki, District Allahabad (Respondent No. 4 therein) and the other Respondents to continue to recognise it and for a writ, order or direction in the nature of certiorari quashing an order dated June 27, 1990 passed by the Adjutant General, Army Head Quarters. New Delhi (Respondent No. 2 therein) and communicated to the Union through a letter dated July, 13, 1990 written by the Respondent No. 4, whereby the Union was de-recognised and all the facilities admissible to a recognised trade Union were stopped.

(2.) According to the Union, it was established as a Labour Union in the year 1949 and was registered under the Indian Trade Unions Act, 1926, on August 20, 1949. It was affiliated to the National Federation of Defence Workers and the Ministry of Defence also recognised the Union in 1959 under Civilian Personnel Routine Orders (CPRO). In the year 1973 74 the Union was de-registered on its failure to submit annual returns but soon thereafter it got freshly registered with a new number 3961 on May 23, 1973. It contends that it had been availing of and enjoying the facilities of a recognised Union from the Respondent Military authorities till 1990 when certain demands raised by it in respect of certain employees of the Chheoki Depot were ignored and the impugned order was served. According to the Union, before passing the impugned order it was neither served with any show cause notice nor was the procedure laid down in the CPROs followed.

(3.) The Respondents contested the writ petition through a counter-affidavit filed by Brig. R.N. Batra, the Respondent No. 4. In the counter-affidavit it was stated that the Union was recognised by the Respondents but that recognition automatically lapsed when it was de-registered and that the new Union, which was formed in 1973, was not at all recognised as it failed to provide the Respondents with necessary particulars, which were required for recognition of the Union. Consequently, it was submitted on their behalf, no recognition was granted to the Union. According to the Respondents, it was not a case of de-recognition of the Union but of refusal of recognition due to its failure to furnish necessary particulars sought for. It was further contended by them that though in their letters the Respondents Nos. 2 and 4 had used the word 'de-recognition' and in the impugned letter dated July 13, 1990 it was stated the Chheoki Depot Labour Union (CDLU) has been derecognised", those Respondents had no authority to issue such communications as inherent powers to grant recognition/derecognition rested with the Ministry of Defence. It was, therefore, submitted on behalf of the Respondents that no cognizance of the impugned letter dated July, 13, 1990 should be taken.