The High Court dismissed this writ petition as infructuous, adopting the stand of the respondents that they are not recovering any amount from employees of the petitioner Association, making the PIL about recovery unnecessary.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment delivered on: January 10, 2024
ASSOCIATION OF RADIO & TELEVISION ENGINEERING EMPLOYEES & ANR
..... Petitioners
Through: Mr. Manish Bishnoi & Mr. Hitesh, Advs.
versus
UNION OF INDIA & ORS
..... Respondents Through: Mr. S.M. Arif, Adv. for R-2 & R-3
CORAM: HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
J U D G M E N T
V. KAMESWAR RAO, J
W.P.(C) 5043/2019 Page 1 of 4
Signature Not Verified
Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:10.01.2024 14:49:05
“8. In our view, Rule 4(5)(b) of CAT (Procedure) Rules, 1987, enables an Association to join along with affected individual employees to espouse the common cause. But it cannot be said that the members of the said Association, who were not parties in their individual capacity before the Tribunal, are also entitled for any individual reliefs, automatically.
9. It is also seen that this Tribunal on 13.07.2018 only restrained the respondents from taking any coercive steps against the individual applicants in the OA. No such order can be passed in respect of the Association.”
Signature Not Verified
W.P.(C) 5043/2019 Page 2 of 4
Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:10.01.2024 14:49:05
“7. On the Other hand, Mrs. Anupama Bansal and Shri S.M. Arif, learned counsel appearing for the respondents submits that though the applicant No.2 Association is a Registered Association, but not a recognized Association and hence the interim order dated 13.07.2018, cannot be extended to either to the Association or its members. They further submit that though earlier the respondents were recognizing the Associations but as on today, no Association is recognized by the Director General, All India Radio. They also submit that the respondents are not recovering any amount from any employee, including from the alleged members of the 2nd applicant Association. As per the Annexure-A to the instant MA, list of members who are about 4600 are posted all over the country and it is not possible to verify their whereabouts and individual service particulars and any general order passed may lead to unwarranted filing of umpteen contempt cases. Accordingly, they pray for dismissal of the MA.”
(emphasis supplied)
Signature Not Verified
W.P.(C) 5043/2019 Page 3 of 4
Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:10.01.2024 14:49:05
on record, dispose of the petition.
CM APPL. 22340/2019
V. KAMESWAR RAO, J
MANMEET PRITAM SINGH ARORA, J
JANUARY 10, 2024 /aky
Signature Not Verified
W.P.(C) 5043/2019 Page 4 of 4
Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:10.01.2024 14:49:05
ASSOCIATION OF RADIO & TELEVISION ENGINEERING EMPLOYEES
UNION OF INDIA
V. KAMESWAR RAO
MANMEET PRITAM SINGH ARORA
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
