TRIPURA GOVT EMPLOYEES ASSOCIATION Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The petitioner federation is a federation of various Associations of the Tripura Government Employees, Semi-Government Employees and Employees of Tripura Government Undertakings, etc. formed with the prime object of espousing a feeling of fraternity amongst all strata of workers/ employees and to secure amongst others their constitutional, legal rights, financial interest and for ameliorating the working condition of its members. Earlier to the present Civil Rule, this very petitioner had approached this High Court by filing Civil Rule No. 58/94 with the grievance that (he concerned authorities of the Government had been subjecting the office bearers of the petitioner federation and its constituent units/associations to indiscriminate transfer, though the same were not called for in administrative exigency or public interest, whereas. the employees and office bearers of the Tripura Employees Co-ordinating Committee which was the supporter of the Government in fewer and thus enjoyed its favour were granted benefit of exemption from general transfer as was the policy of the Government at the relevant time. The aforesaid Civil Rule was disposed of in terms of the order dated 20.6.94 passed in Misc. Case No. 251/94 arising out of the aforesaid Civil Rule. While disposing of the aforesaid Civil Rule, this Court observed that the State of Tripura had no written guidelines for recognition of the Association of employees and its constituent units and that though the power which the state Government exercised for recognition of an employees Association is an administrative function, the same cannot be exercised in an arbitrary manner and has to be on the basis of specific guidelines. It was further observed that in absence of specific guidelines very serious result might ensue inasmuch as it could not be ruled out that the State, as an employer, might sometimes for various reasons, preferred one association over the other. It was also observed that such exercise of power by the State Government could not be permitted as it would clearly lead to discrimination as well as arbitrariness. Various Associations which had represented their case were ordered to be considered for recognition after laying down the guidelines in this regard.

(2.) The State of Tripura, thereafter, by notification dated 2.1.95 framed guidelines which were to be called the Tripura Government Services (Recognition of Service Association) Guidelines 1995. The aforesaid guidelines were to apply to Service Associations of all Government servants including teaches, ministerial, non-uniformed employees in the Police Organisation and employees of Semi-Government and State Government Undertakings, The Tripura Government Services (Recognition of Service Association) Guidelines, 1995 (for short the Guidelines, 1995) has been annexed as Annexure-12 to the Civil Rule. At this stage, it will be worthwhile mentioning that the State of Tripura on 28.2.94 had issued a Memorandum to the effect that 3 state Level Office Bearers, by designation and 2 Sub- Division Level Office Bearers, by designation of any recognised employees association or Its constituent unit shall be given special privilege in the matter of transfer to the extent that their transfers, when warranted by administrative requirement, shall be issued only with the approval of the departmental Minister concerned. Clause-3 of the aforesaid Memorandum specifically clarifies that the reference to state level committee shall not include state level Office Bearers in every Directorate or Department but a total of three office bearers, by designation, of each Association/constituent unit based at Agartala. It was also clarified that the total number of office bearers of each recognised Association/Constituent unit at the Sub-Division level for the purpose of the Memorandum shall be 2(two) at each Sub-Division and not 2(two) in each office located at the same time at Sub-Division. Three (3) state Level Office Bearers by designation of any recognised Employes Association or its constituent unit based at Agartala shall mean President or Chairman or by any other designation; Secretary General or Genaral Secretary or Secretary or by any other designation; and Treasurer Cashier or by any other designation, as may be applicable to the concerned Association or its constituent unit based at Agartala, As far as the Sub-Division Level Office Bearers were concerned, it was clarified that for the purpose of the said Memorandum it shall mean two persons with President or Chairman or by any other designation and General Secretary or Secretary or by any other designation as may be applicable to the concerned Association or its constituent unit at Sub-Divisional Level

(3.) We have heard Mr. B,K, Das, assisted by Mr. A. Roy, learned counsel appearing for the petitioner and Mr, Ashok Chakraborty, learned Advocate General, assisted by Mr. B.P. Kataki, learned Government Advocate and Mr. A. Ghose, appealing for the State-respondents. It may be mentioned that besides hearing the oral arguments, the parties were also allowed to submit written arguments which they have furnished and formed part of the record, and while adjudicating the questions raised in this petition, we have taken in to consideration the oral arguments advanced before us by the parties and also the written arguments submitted by them.