NATIONAL FEDERATION ATOMIC ENERGY Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition is filed seeking following prayer:-

(2.) Brief facts of the case are that petitioner No.2 is represented by the General Secretary, NFCIWU, vide Registration No.A.71, recognized by the Department of Atomic Energy, Government of India, affiliated to National Federation of Atomic Energy Employee (NFAEE), Nuclear Fuel Complex, ECIL Post, Hyderabad. The petitioners are aggrieved by proceedings dtd. 12/7/2025 issued by the 3rd respondent through which the request of the General Secretary for nomination of convener and co-convener for election for the period 2025 to 2027 under CCS (RSA) Rules 1993 on 26/7/2025 was accorded by further stating that rule 15 (1)(c) of CCS conduct rules of 1964 will be in operation till it is withdrawn by stating that the said provisions are applicable referring to the office memorandum dtd. 27/2/2020 of DoPT and office memorandum of DAE dtd. 29/8/2022 will be followed, which is contrary to law.

(3.) The 1st petitioner is the NFAEE and the 2nd petitioner is the Registered Trade Union of NFC Unit Hyderabad which is affiliated to the 1st petitioner. The 2nd petitioner has submitted representation dtd. 4/2/2025 to the 1st respondent stating that Industrial Staff are governed by provisions under Industrial Dispute Act, 1947 (for short 'ID Act') and the other labour laws and that ID Act provides rights to workmen to organize and participate in Trade Union Activities and encourage fair labour practices and dispute resolutions and that workmen are excluded from Rule 15(1)(c) of CCS (Conduct Rules) 1964. The representation of the 2nd petitioner dtd. 4/2/2025 was followed by another representation dtd. 24/3/2025.