IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 18.03.2011 CORAM THE HONOURABLE MR.JUSTICE K.CHANDRU W.P.NO.1747 of 2011 and M.P.No.1 of 2011 Tambaram Air Force Employees & Workers Union (Regd.No.Pa.A.168/kpm), rep by its General Secretary, R.Sargunam, 3/4, 1st Cross Street, Sathya Nagar, Ramapuram, Chennai-600 089. .. Petitioner Vs. 1.The Secretary, Ministry of Defence, New Delhi. 2.Air Officer Personnel, Air Headquarters, (Vaiu Bhavan), New Delhi-110 106. 3.Air Officer Command-in-Chief, H.Q., Training Command, Hebbal, Bangalore-560 006. 4.Air Officer Commanding, 413, Air Force Station, Tambaram, Chennai-600 046. .. Respondents This writ petition is preferred under Article 226 of the Constitution of India praying for the issue of a writ of certiorarified mandamus to call for the records on the file of the second respondent in his letter No.AIRHQ/23058/23/UNION/PC-JCM, dated 27.09.2010 and to quash the same and to direct the respondents to conduct membership verification for participation in Joint Consultative Machinery Councils (JCM) III level meeting at Air Head Quarters, New Delhi. For Petitioner : Mr.M.Vijayakumar For Respondents : Mr.K.Ravindranath, SCGSC - - - - ORDER
Heard the arguments of Mr.M.Vijayakumar, learned counsel for the petitioner and Mr.K.Ravindranath, learned Senior Central Government Standing Counsel appearing for the Government of India and also for other respondents, i.e., Air Officer-Personnel, Air Officer-Command-in-Chief and Air Officer Commanding.
2.The present writ petition is filed by the petitioner who is working as an Upper Division Clerk in the fourth respondent Air Force Station at Tambaram. The writ petition is filed in the capacity of General Secretary of Tambaram Air Force Employees and Workers Union with registration No.Pa.A.168/kpm.
3.The claim of the petitioner union was that it is the sole union started for the welfare of the Air Force employees and workers. It has got 324 members. The present writ petition is challenging a communication, dated 15.11.2010 issued by the second respondent enclosing a letter sent to an another trade union, dated 27.9.2010. The substance of the two impugned communication was that the second respondent had informed the General Secretary of Bharatiya Pratiraksha Mazdoor Sangh, Kanpur that in respect of verification of membership of the unions, associations, federations, confederations for allotment of seats in Joint Consultative Machinery (JCM) Fora, the Air Headquarters had stated that the trade union in the Air Force Station at Tambaram and the Air Force Station at Jalahalli can be granted recognition by the Ministry of Defence. But since both stations being training establishments, the membership verification process will not be conducted in accordance with the Ministry of Defence, JCM policy guidelines. This fact was communicated to the petitioner. Aggrieved by the said communication, the petitioner had stated that in normal circumstances, verification was done once in three years. The petitioner union had submitted its membership for verification on 1.2.2010 and that instead of going by the verification method, refusing to conduct verification was illegal. The trade union functioning at Headquarters Training Centre at Bangalore had got its membership verified. Therefore, it is arbitrary. Because of this, the petitioner may lose its right to sit in the JCM for Level III.
4.A detailed counter affidavit was filed on behalf of the respondents. Reliance was placed upon the Ministry of Defence, JCM guidelines for not carrying out verification. A copy of the communication, dated 18.11.2009 issued by the Ministry of Defence was produced and in paragraph 2(v), it was indicated as follows:
“(v)No Membership verification in r/o the Trade Unions and Associations functioning in the SRO-17(E) Area (as amended from time to time), Military Hospitals, Training Estts., etc.”
5.The said ID Note was issued after conducting a meeting of representatives of all the three federations and confederations on 6.10.2009 held under the Chairmanship of Director (CP). This Ministry of Defence ID Note was sent to all the stations. The petitioner had not chosen to challenge the circular sent by the Ministry of Defence. On the other hand, they have come forward to challenge only the communication of that decision. In fact, the petitioner union itself had earlier filed a writ petition in W.P.No.25249 of 2010. This Court directed the respondents to consider their representation dated 15.2.2010 vide its order, dated 24.11.2010. It is consequent upon the said direction, they were communicated with the decision of the Ministry of Defence. Even for the earlier writ petition, the respondents have filed a detailed counter affidavit, justifying the decision of the Ministry of Defence and intimated the petitioner that since it is affiliated to Bharatiya Pratiraksha Mazdoor Sangh, that union is participating in the JCM level talk and therefore, no prejudice will be caused to the petitioner union.
6.Mr.K.Ravindranath, learned SCGSC also produced a copy of the communication, dated 14.2.2011 in which the petitioner was informed that he can attend the JCM III Level Council meeting at Air HQ to be held on 6th and 7th April, 2011. This was arranged till such time reconstitution of the next term of JCM.
7.However, the short question that arises for consideration in the present writ petition is whether the writ petition filed by the petitioner union seeking for verification of its membership of trade union is legally justified in the absence of any legal right being created in favour of the petitioner trade union?
8.No doubt, the petitioner trade union is a registered body registered under the Trade Union Act, 1926. But the present question is verification of its membership with a view to permitting its members to represent the JCM for future talks. This is in turn a defacto recognition of the petitioner union. There is no law relating to recognition of the trade union in allowing its members to sit in the JCM. Further, there is no law on this subject in Tamil Nadu. On the other hand, the petitioner’s right is based upon the earlier circular issued by the Ministry of Defence. When the Ministry of Defence had consciously decided by the policy decision not to verify the trade union membership in Training Establishments, this court cannot in exercise of power under Article 226 of the Constitution of India give any direction contrary to the stand taken by the Ministry of Defence. Even that circular is not under challenge in this writ petition.
9.In this context, a reference may be made to a division bench judgment of this court, presided by A.K.Ganguly, C.J. (as he then was) in K.V.Sridharan and others Vs. S.Sundaramoorthy and another reported in 2009 (1) LLN 719 (DB). In paragraph 3, the division bench had observed as follows:
“3.Admittedly, the said Union is a Registered Trade Union. Once a trade union is registered under the Trade Unions Act, 1926, it becomes a body corporate under Section 13 of the said Act by the name under which it is registered and thereafter it has a perpetual succession and common seal, and has the power to acquire and hold both movable and immovable properties and to contract and sue or be sued in the said name. Therefore, by way of registration of a trade union under the said Act, the trade union does not become an Authority under Article 12 of the Constitution of India. It continues to remain just a private body and all disputes relating to election of such a private body cannot be canvassed or challenged in a writ petition. The said Act does not make any provision for recognition of such a union. Any recognition of union, even if it is a union relating to the employees of the Central Government, is governed by some departmental circulars. Those circulars are administrative in nature and not statutory. Therefore, those circulars also cannot be enforced in a writ petition. ……”
10.In view of the above, there is no case made out to entertain the writ petition. Accordingly, the writ petition will stand dismissed. No costs. Consequently, connected miscellaneous petition stands closed.
vvk
To
1.The Secretary,
Ministry of Defence,
New Delhi.
2.Air Officer Personnel,
Air Headquarters,
(Vaiu Bhavan),
New Delhi-110 106.
3.Air Officer Command-in-Chief,
H.Q., Training Command,
Hebbal,
Bangalore-560 006.
4.Air Officer Commanding,
413, Air Force Station,
Tambaram,
Chennai 600 046