Disposed

Biplab Datta & Ors. v. Union of India & Ors.

Delhi HC12 Dec 2024W.P.(C)/8063/2021

Case brief

AI extract

What is this about?

Writ petition challenging the membership of Group B employees in the All India CGHS Employees Association. The Court held that OMs regarding the JCM scheme do not govern the membership of Service Associations recognized under the 1993 Rules. The writ was disposed of with a direction for the DoPT to provide a list of members drawing specific grade pay to help petitioners identify Group B employees.

What did the court decide?

Directions issued to Respondents 1 and 2 to provide a list of members drawing Grade Pay of Rs. 4200/- and above.

Biplab Datta & Ors. Vs Union of India & Ors. — Labour and Industrial Disputes | Delhi HC (2024)

¶1

$~71

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 12^th December, 2024

¶3

- W.P.(C) 8063/2021 & CM APPLs. 29917/2021, 31694/2021, 5709/2023, 28482/2023 BIPLAB DATTA & ORS. .....Petitioners

¶4

Through: Mr. Sujoy Gaur, Advocate.

¶5

versus

¶6

UNION OF INDIA & ORS. .....Respondents Through: Ms. Pratima N. Lakra, CGSC with Mr. Chandan Prajapati, Advocate for R-1 & 2.

¶7

CORAM:

¶8

HON'BLE MR. JUSTICE SANJEEV NARULA

¶9

JUDGMENT

¶10

SANJEEV NARULA, J. (Oral):

¶11

The Petitioners are the members of All India Central Government Health Scheme Employees Association,¹ Respondent No.3. They assert that All India CGHS Association is an association of ‘Group C’ and ‘Group D’ Employees of CGHS. The aims and objects of the association are to safeguard and promote the interests of the CGHS Employees in general and members of the association in particular and to get redressal of their grievances; to provide the members with legal assistance whenever necessary to defend themselves from injustice; and to ensure that the members are part of the management of the association.

¶12

Signature Not Verified Digitally Signed By:NITIN KAIN Signing Da te:1 6.12.2024 22:56:10

¶13

W.P.(C) 8063/2021 Page 1 of 11

¶14

They further assert that the All-India CGHS Employees Association was formed for and by the Group C and Group D employees, as per the Department of Personnel and Training² guidelines and instructions.

¶15

The Petitioners rely on the Office Memorandum dated 6^th April 2004, issued by DoPT which reads as follows:

¶16

The Petitioners assert that the Ministry of Health and Welfare, JCM

¶17

1 “All India CGHS Association”

¶18

2 “DoPT”

¶19

W.P.(C) 8063/2021 Page 2 of 11

¶20

Signature Not Verified Digitally Signed By:NITIN KAIN Signing Da te:1 6.12.2024 22:56:10

¶21

Cell (Welfare & PG Section) on 27^th July, 2012 has clarified that, employees/officials drawing a Grade Pay of INR 4200/- or above are classified as ‘Group B’ and, as such, cannot be members of any Service Association/Union/Federation. Consequently, they are also not eligible to represent the Staff Side in any Councils functioning under the scheme for Joint Consultative Machinery and Compulsory Arbitration.³ The said clarification reads as under:

¶22

The Petitioners argue that these directives have not been followed or

¶23

3 “JCM Scheme”

¶24

Signature Not Verified Digitally Signed By:NITIN KAIN Signing Da te:1 6.12.2024 22:56:10

¶25

W.P.(C) 8063/2021 Page 3 of 11

¶26

implemented by the All-India CGHS Employees Association to date. Despite multiple representations and discussions by Group C employees with the Association’s managing committee, Group B officials continue to be members of this Association. Petitioners maintain that it is the responsibility of the members and office bearers to ensure that employees drawing a Grade Pay of INR 4200/- and classified under Group B withdraw from membership of the Association, which is intended for Group C and Group D employees.

¶27

The Petitioners also refer to Rule 5 of Central Civil Services (Recognition of Service Associations) Rules, 1993 which reads as follows:

¶28

“5. Conditions for recognition of Service Associations : A Service Association which fulfills the following conditions may be recognized by the Government, namely :-

¶29

a. An application for recognition of Service Association has been made to the Government containing Memorandum of Association, Constitution, Bye-laws of the Association, Names of Office-Bearers, total membership and any other information as may be required by the Government;

¶30

b. the Service Association has been formed primarily with the object of promoting the common service interest of its members;

¶31

c. membership of the Service Association has been restricted to a distinct category of Government servants having common interest, all such Government servants' being eligible for member-ship of the Service Association;

¶32

d. (i) The Association re-presents mini-mum 35 per cent of total number of a category of employees provided that where there is only one Association which commands more than 35 per cent membership, another Association with second highest membership, although less than 35 per cent may be recognized if it commands at least 15 per cent member-ship;

¶33

(ii) The member -ship of the Government servant shall be automatically discontinued on his ceasing to belong to such category;

¶34

e. Government employees who are in service shall be members or office bearers of the Service Association;

¶35

f. the Service Association shall not be formed to represent the interests, or on the basis, of any caste, tribe or religious denomination or of any group within or section of such caste, tribe or religious denomination;

¶36

Signature Not Verified

¶37

Digitally Signed By:NITIN KAIN Signing Da te:1 6.12.2024 22:56:10

¶38

W.P.(C) 8063/2021 Page 4 of 11

¶39

g. the Executive of the Service Association has been appointed from amongst the members only; and

¶40

h. the funds of the Service Association consist exclusively of subscriptions from members and grants, if any, made by the Government, and are applied only for the furtherance of the objects of the Service Association.”

¶41

As noted above Rule 5(b) requires the Service Association to represent the common service interests of its members. However, when a member’s group changes due to a shift in service category, the common interests no longer align. In this case, the Petitioners assert that Group C members have distinct service conditions and interests, which often conflict with those of Group B. Consequently, employees in Group B should not be included in the Group C association, as there is no shared service interest, and a separate association should be formed for each group. Additionally, the Petitioners refer to Rule 5(c), which stipulates that membership must be limited to a distinct category of government employees with common interests. In this case, there are two separate categories, each with its own service conditions and interests. Furthermore, they refer to Rule 5(d)(ii) which clarifies that an employee’s membership in a Service Association will cease if they no longer belong to the relevant category. Petitioners contend that as the employees who have moved to a pay scale of INR 4200/-, fall into Group B, they are ineligible to be a part of All India CGHS Employees Association. Despite the aforenoted Service Rules as well as the OMs dated 6^th April, 2004 and 27^th July, 2012, Group B employees continue to be a part of the Association.

¶42

Aggrieved by the same, the Petitioners have filed the instant writ petition, seeking the following directions to Respondent No.1 (Department of Personnel and Training), Respondent No.2 (Ministry of Health &

¶43

Signature Not Verified

¶44

Digitally Signed By:NITIN KAIN Signing Da te:1 6.12.2024 22:56:10

¶45

W.P.(C) 8063/2021 Page 5 of 11

¶46

Welfare) and Respondent No.3 (All India CGHS Employees Association):

¶47

“i) That the respondent may be directed to provide a list of eligible members as per the DoPT guidelines before the election and names of the members drawing Grade Pay of Rs4200/- and above ·may be discontinue/deleted from the list of members as per DoPT guidelines.

¶48

ii) Direct the respondents, the members who are drawing Grade Pay of Rs.4200/-and above and Group B; they cannot be a member of Service Association/ Union/ Federation. The membership of those employees will be arbitrary, illegal and unconstitutional. They cease to be member of association having no right to cast their votes.

¶49

iii) Direct the respondent association to take necessary immediate action on letter dated 27th July 2012 by Welfare & PG Section JCM Cell Ministry of Health & Family Welfare.

¶50

iv) Directing the Respondent Association to disclose the authority 3J. under which the Respondent allowed to continue the members who are drawing Grade Pay of Rs. 4200/- and above;

¶51

v) Direct the respondent association election officer to cancel the nomination of the candidate who is Group B and drawing Grade Pay of Rs 4200/- and above as per DoPT instructions;

¶52

vi) Direct the respondent to prepare the revised list of members having voting rights before commencing the election within stipulated time: In case the fresh list of members require time to finalise; it is humbly prays to deferred the election for short period in the interest of justice;”

¶53

Respondents No.1 and 2, on the other hand, in their counter-affidavit, contend that the Petition has no merits and is liable to be dismissed. They argue that the All India CGHS Employees Association is governed by its constiution, wherein Clause 6(a) of the said document specifically stipulates that it is an association of all “non-gazetted employees” of Central Government Health Scheme. Furthermore, they clarify that the communication dated 27^th July, 2012 and the OM dated 6^th April, 2004, relied upon by the Petitioners, is not relevant for the purpose of election or memership of the association. These OMs of DoP&T provide for an

¶54

Signature Not Verified

¶55

Digitally Signed By:NITIN KAIN Signing Da te:1 6.12.2024 22:56:10

¶56

W.P.(C) 8063/2021 Page 6 of 11

¶57

amendment to the JCM Scheme,⁴ whereas the All India CGHS Association is an association recognised under the Central Civil Services (Recognition of Service Associations) Rules, 1993. The JCM Scheme and Service Associations are two different systems with separate governing rules. Therefore, the reliance placed on OMs issued by the DoPT with regards to the JCM scheme are not relevant for the purposes of determining the membership of the association which is governed by its own constitution.

¶58

Procedural History

¶59

On 9^th August, 2021, the first date of hearing, this court, taking note of the clarifications issued by Respondent No.1 and 2, directed Respondent No.3 to ensure that no employee falling in the Group B category was permitted to participate in the elections scheduled for 11^th August, 2021. On 15^th March, 2023, this court closed the right of Respondent No.3 to file counter affidavit as they failed to appear despite service. Thereafter, on 25^th May, 2023, in the application for stay on elections scheduled for 27^th May, 2023, this Court noted the circular dated 12^th May, 2023 wherein employees falling under Group-B employees were permitted to participate in the elections. The court refused to stay the election given that it was two days away. However, the court directed the election officer to comply with the direction issued on 9^th August, 2021.

¶60

Analysis and Findings

¶61

Firstly, it must be noted that the OMs relied upon by the Petitioner pertain to the JCM Scheme and before proceeding further, it is important to note the context in which the communication dated 27^th Juy, 2012 was issued. The JCM Scheme is a platform for dialogue between the Central

¶62

4 “JCM Scheme”

¶63

Signature Not Verified

¶64

Digitally Signed By:NITIN KAIN Signing Da te:1 6.12.2024 22:56:10

¶65

W.P.(C) 8063/2021 Page 7 of 11

¶66

Government and its employees to resolve disputes peacefully and applies to the following members:

¶67

“ Applicability

¶68

3. The Scheme covers all regular civil employees of the Central Government, except:

¶69

a. the Class I services;

¶70

b. the Class II services, other than the Central Secretariat Services and the other comparable services in the headquarters organization of the Government;

¶71

c. persons in industrial establishments employed mainly in managerial or administrative capacity. and those who being employed in supervisory capacity draw salary in scales going beyond Rs. 2900/- per mensem;

¶72

d. employees of the Union Territories; and

¶73

e. police personnel.”

¶74

The OM dated 6^th April 2004, relied upon by the Petitioners amends this very scheme. Thus, the OMs issued by Respondent No.1 and 2 pertain to the JCM scheme, particularly, who can be members of the Joint Councils and not as to the membership of the associations. This JCM Scheme provides for setting up of Joint Councils at the National, Departmental and Regional office levels. This Joint Council consists of members from both sides i.e., the offical side (Employers) and the staff side (Employees). As explained in the FAQs published on the DoPT website, the staff side members are selected for various joint councils in the following manner:

¶75

“4. How are staff side members selected for various Joint Councils? The representatives of the staff side for various Joint Councils are chosen / selected from members of the recognized service associations/ unions.” 5. xx … xx … xx 6. How recognition is granted to the staff associations?

¶76

The Department of Personnel & Training being the nodal department for matters relating to Joint Consultative Machinery and Compulsory Arbitration, has notified Central Civil Services (Recognition of Associations) Rules, 1993 for the purpose of granting recognition to various service associations. Recognition is actually granted by the concerned Ministry/ Department in accordance with the CCS (RSA) Rules, 1993. In case of any doubt or confusion, the matter is referred to the JCA Section of the Department of Personnel & Training for clarification/ advice.”

¶77

Signature Not Verified

¶78

Digitally Signed By:NITIN KAIN Signing Da te:1 6.12.2024 22:56:10

¶79

W.P.(C) 8063/2021 Page 8 of 11

¶80

The Central Civil Services (Recognition of Association) Rules, 1993 provides for rules for recogniting various service associations. The relevant rules are as follows:

¶81

“4. Service Associations already recognized : A Service Association or a Federation which has been recognized by the Government before the commencement of these rules and in respect of which the recognition is subsisting at such commencement, shall continue to be so recognized for a period of one year from such commencement or till the date on which the recognition is withdrawn, whichever is earlier.

¶82

5. Conditions for recognition of Service Associations : A Service Association which fulfills the following conditions may be recognized by the Government, namely :-

¶83

a. An application for recognition of Service Association has been made to the Government containing Memorandum of Association, Constitution, Bye-laws of the Association, Names of Office-Bearers, total membership and any other information as may be required by the Government;

¶84

b. the Service Association has been formed primarily with the object of promoting the common service interest of its members;

¶85

c. membership of the Service Association has been restricted to a distinct category of Government servants having common interest, all such Government servants' being eligible for member-ship of the Service Association;

¶86

d. (i) The Association re-presents mini-mum 35 per cent of total number of a category of employees provided that where there is only one Association which commands more than 35 per cent membership, another Association with second highest membership, although less than 35 per cent may be recognized if it commands at least 15 per cent member-ship;

¶87

(ii) The member -ship of the Government servant shall be automatically discontinued on his ceasing to belong to such category;

¶88

e. Government employees who are in service shall be members or office bearers of the Service Association;

¶89

f. the Service Association shall not be formed to represent the interests, or on the basis, of any caste, tribe or religious denomination or of any group within or section of such caste, tribe or religious denomination;

¶90

g. the Executive of the Service Association has been appointed from amongst the members only; and

¶91

Signature Not Verified

¶92

Digitally Signed By:NITIN KAIN Signing Da te:1 6.12.2024 22:56:10

¶93

W.P.(C) 8063/2021 Page 9 of 11

¶94

h. the funds of the Service Association consist exclusively of subscriptions from members and grants, if any, made by the Government, and are applied only for the furtherance of the objects of the Service Association.

¶95

6. xx … xx … xx

¶96

7. Verification of membership : (1) The verification of membership for the purpose of recognition of a Service Association shall be done by the Check Off-System in pay-rolls at such intervals and in such manner as the Government may by order prescribe.

¶97

(2) The Government may, at any time, order a special verification of membership if it is of the opinion, after an enquiry, that the Service Association does not have the membership required under sub-clause (i) of clause (d) of rule 5.

¶98

8. Withdrawal of RecognitionIf, in the opinion of the Government , a Service Association recognized under these rules has failed to comply with any of the conditions set out in rule 5 or rule 6 or rule 7 the Government may after giving an opportunity to the service Association to present its case, withdraw the recognition accorded to such Association.”

¶99

Thus, the JCM scheme and the Service Rules only provide for who can be members of the Joint Councils and who can be a recognised as ‘Service Association.’ Violation of Rule 5, 6 and 7 can lead to termination of the recognition granted but DoPT or the concerned Ministry has no control over the membership or elections of the said association which is governed by its own constitution. The communication dated 27^th July, 2012 merely clarifies that the members representing the staff side at the Joint Councils cannot be employees falling in Category B. However, this cannot mean that memberships can be terminated at the behest of DoPT or the concerned Ministry. While Rule 5(d) (ii) stipulates that employee’s membership in a Service Association will cease if they no longer belong to the relevant category, the constitution of All India CGHS Employees Association limits its members to ‘non-gazetted’ employees and not ‘Group C and D’ employees. Accordingly, in the opinion of the court, the remedy as regards the termination of membership of ‘Group B’ employees lies in

¶100

Signature Not Verified

¶101

Digitally Signed By:NITIN KAIN Signing Da te:1 6.12.2024 22:56:10

¶102

W.P.(C) 8063/2021 Page 10 of 11

¶103

amending its constitution which provides memberships to all ‘non-gazetted employees’. Any amendments to such constitution may be iniatiated by Respondent No.3 themselves inorder to continue being recognised as a ‘recognised association’ by Respondennt No.1 and 2. However, if the Petitioners wish to seek judicial intervention, it would have to be before a civil court of competent jurisdiction.

¶104

In light of the above, the Court is not inclined to interfere with the membership or elections of the All India CGHS Employees Association and the Petitioners request for directions to remove members falling in the category of ‘Grade B’ from the list of members cannot be granted. However, inorder to enable the Petitioners to identify members falling in ‘Group B’ category, Respondent No.1 and 2 are directed to provide the list of members drawing a grade pay of Rs. 4200/- and above.

¶105

Disposed of with the above directions, along with pending applications.

¶106

CM APPL. 31694/2021 (Contempt application)

¶107

In light of the foregoing reasonsing, no directions are required to be issued in the present application.

¶108

Acccordingly, the contempt proceedings are dropped.

¶109

SANJEEV NARULA, J

¶110

DECEMBER 12, 2024 as

¶111

Signature Not Verified

¶112

Digitally Signed By:NITIN KAIN Signing Da te:1 6.12.2024 22:56:10

¶113

W.P.(C) 8063/2021 Page 11 of 11

Biplab Datta & Ors. v. Union of India & Ors.

Case brief

What is this about?

What did the court decide?

Biplab Datta & Ors. v. Union of India & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Muskan Vs Central Board of Secondary Education (through Its Secretary) & Ors.

Muhimuddin Muhi Vs Bses Yamuna Power Ltd.

Raj Pal Vs Deputy Commissioner (Revenue), Central District and Ors.

Triveni Engineering and Industries Ltd. Vs Vijay Bhatia and Ors.

Rajiv Enterprises (through Its Sole Proprietor Rajiv Daga) Vs Commissioner of Delhi Goods and Services Tax

State of Haryana Vs B M Institute of Engineering & Technology & Anr.

Anil Bhasin Vs Gaurav Gogna and Others

Gourav Vs Union of India & Ors.

Mahalaxmi Malt Products Pvt. Ltd. Vs Union of India & Anr.

Peqtor Real Estate Pvt. Ltd. Vs Assistant Commissioner of Income Tax & Ors.

Namrata Gupta @ Namrata Amar Vs State Govt of NCT of Delhi and Ors.

Rashmi Kumari Vs Govt of NCT of Delhi and Ors.

Manish Gupta Vs Disciplinary Committee Insolvency and Bankruptcy Board of India and Anr.

Seethayya Kadimcherla Vs the Union of India & Ors.