Delhi High Court Upholds Government Servants' Right to Form Associations and Unions
In a recent ruling, the Delhi High Court has affirmed that government servants cannot be denied their fundamental right to form associations, unions, or cooperative societies. The court emphasized that while government recognition of such associations may not be a fundamental right, public servants are entitled to the protection of rights guaranteed by the Constitution. The judgment highlights the importance of recognizing service associations to facilitate legitimate union activities, promote negotiations, and maintain a harmonious relationship between the government and its employees.
The court's decision came in response to a plea filed by the Central PWD Engineers Association, which challenged the denial of recognition by the Central Administrative Tribunal (CAT) due to a failure to submit required documents. The CAT, however, directed the respondents to expedite re-verification and consider continuation of recognition. The petitioners argued that the re-verification process was not carried out despite repeated submissions, indicating the respondents' failure to fulfill their obligations.
Upon examination, the court found that the re-verification process was mandatory and should be conducted in accordance with rules. It also noted that an office memorandum treating the association as unrecognized without obtaining approval from the Central government should be set aside. Consequently, the court set aside the tribunal's findings and directed the respondents to make an appropriate decision regarding the continuation of recognition.
Senior Advocate C Mohan Rao and advocate Lokesh Kumar Sharma represented the petitioner, while advocates Ruchir Mishra, Mukesh Kr Tiwari, Reba Jena Mishra, and Poonam Mishra appeared for the respondents. The court's ruling reinforces the fundamental right of government servants to form associations and unions, emphasizing the need for a fair and transparent recognition process.
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TAGS: Delhi High Court government servants associations unions fundamental right recognition Central PWD Engineers Association Central Civil Services (Recognition of Service Associations) Rules harmonious relationship Central Administrative Tribunal re-verification office memorandum plea ruling.
