The High Court of Kerala, in a writ petition filed by an Association representation for Group C and Non Gazetted Gr B employees, noted that the recognition granted to the petitioner expired on 04.11.2019.
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 KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 7TH DAY OF DECEMBER 2022 / 16TH AGRAHAYANA, 1944 WP(C) NO. 25287 OF 2022
PETITIONER:
THE ALL INDIA CIVIL ACCOUNTS EMPLOYEES ASSOCIATION REPRESENTED BY ITS SECRETARY GENERAL C.S.PREM, S.O.C.G.STEPHEN, PRESENTLY WORKING AS SENIOR ACCOUNTANT, PAY AND ACCOUNTS OFFICE, CUSTOMS, KOCHI - 682 009 RESIDING AT CHIRAMEL HOUSE, KOOTUNGAL LANE, KOCHUPALLY ROAD, THOPPUMPADY, KOCHI - 682 005.
BY ADVS. T.C.GOVINDASWAMY KALA T.GOPI SUDHIR KUMAR B. NISHITHA BALACHANDRAN RENUKA M.R.
RESPONDENTS:
5 PRADEEP KUMAR BHAGAT PAY & ACCOUNTS OFFICE, CENTRAL WATER COMMISSION, SEWA BHAVAN, R.K.PURAM, 8TH FLOOR, NORTH WING, NEW DELHI - 110 066.
W.P.(C)NO.25287 OF 2022
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ACTING THROUGH THE WORKING PRESIDENT OF SHRI DHARAMPAL SINGH, AGED 54 YEARS, HAVING ITS ADDRESS FOR COMMUNICATION AT: QR. NO. 145, TYPE-2, LANCER ROAD TIMARPUR, NEW DELHI-110054 (ADDL.R7 IS IMPLEADED AS PER ORDER DATED 07-11-2022 IN IA 1/2022)
BY ADVS. S. MANU, DSGI M. GOPIKRISHNAN NAMBIAR, STANDING COUNSEL FOR BANK VIDYA SAGAR, FOR R4 AND ADDITIONAL R7 JAGADEESH LAKSHMAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)NO.25287 OF 2022
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JUDGMENT
Dated this the 07th day of December, 2022
From the statement filed by the Central Government Counsel it is evident that, recognition granted to the All India Civil Accounts Employees Association (representing Group ‘C’ and Non Gazetted Gr ‘B’ employees of Central Civil Accounts Service Cadre) expired on 04.11.2019. As such, the Association cannot prosecute this writ petition.
The writ petition is hence closed, reserving the liberty of parties to agitate their grievance before the appropriate forum, if and when the recognition is renewed.
Sd/-
V.G.ARUN
JUDGE
NB/7-12
W.P.(C)NO.25287 OF 2022
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APPENDIX OF WP(C) 25287/2022
| PETITIONER’S EXHI EXHIBIT P1 |
BITS A TRUE COPY OF THE CENTRAL CIVIL SERVICES (RECOGNITION OF SERVICE ASSOCIATIONS) RULES, 1993. |
|---|---|
| EXHIBIT P2 | A TRUE COPY OF THE CONSTITUTIONS OF THE ALL INDIA CIVIL ACCOUNTS EMPLOYEES ASSOCIATION. |
| EXHIBIT P3 | A TRUE COPY OF THE NOTIFICATION BEARING NO.AICAEA/HQ/A-8/17TH AIC/2022/993-1333 DATED 03/03/2022. |
| EXHIBIT P4 | A TRUE COPY OF THE COMMUNICATION BEARING NO.AICAEA/21-22.BRANCH KERALA DATED 20/03/2022 ADDRESSED TO THE 4TH RESPONDENT- SHRI.KRISHNA K.YADAV. |
| EXHIBIT P5 | A TRUE COPY OF THE COMMUNICATION BEARING NO.AICAEA/21-22/BRANCH KERALA DATED 22/3/2022, ADDRESSED TO THE 4TH RESPONDENT. |
| EXHIBIT P6 | A TRUE COPY OF THE COMMUNICATION WAS SENT TO THE 3RD RESPONDENT - CONTROLLER GENERAL OF ACCOUNTS UNDER NO.AICAEA/21-22/BRANCH KERALA/CGA DATED 25/03/2022. |
| EXHIBIT P7 | A TRUE COPY OF THE COMMUNICATION SENT BY THE PETITIONER IN HIS CAPACITY AS BRANCH SECRETARY OF THE ASSOCIATION UNDER NO.AICAEA/21-22/BRANCH KERALA/CGA/6 DATED 06/04/2022. |
| EXHIBIT P8 | A TRUE COPY OF THE COMPLAINT SENT BY THE BRANCH SECRETARY OF THE ASSOCIATION TELANGANA AND ANDHRA PRADESH TO THE CONTROLLER GENERAL OF ACCOUNTS. |
| EXHIBIT P8A | A TRUE COPY OF THE COMPLAINT SENT BY THE FINANCE SECRETARY OF THE ASSOCIATION TO THE CONTROLLER GENERAL OF ACCOUNTS. |
| EXHIBIT P8B | A TRUE COPY OF THE COMPLAINT SENT BY THE BRANCH SECRETARY OF THE ASSOCIATION, WEST BENGAL BRANCH TO THE CONTROLLER GENERAL OF ACCOUNTS. |
| EXHIBIT P9 | A TRUE COPY OF THE COMMUNICATION BEARING NO.AICAEA/21-22/BRANCH KERALA/CGA/BANK/12,13 DATED 10/04/2022, SUBMITTED BY THE PETITIONER. |
| EXHIBIT P10 | A TRUE COPY OF THE NOTIFICATION BEARING NO.AICAEA/CHQ/GEN/2022 DATED 02/05/2022, ISSUED BY THE THEN PRESIDENT OF THE PETITIONER ASSOCIATION. |
| EXHIBIT P11 | A TRUE COPY OF THE INVITATION FOR PARTICIPATION IN THE ALL INDIA CONFERENCE AS PUBLISHED BY THE RECEPTION COMMITTEE OF THE ASSOCIATION. |
| EXHIBIT P12 EXHIBIT P13 |
A TRUE COPY OF THE COMMUNICATION BEARING NO.AICAEA/CHQ/GEN/2022 DATED 12/05/2022, ADDRESSED TO THE THIRD RESPONDENT. A TRUE COPY OF THE LETTER ADDRESSED TO THE 3RD |
W.P.(C)NO.25287 OF 2022
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| RESPONDENT BEARING OB/01 DATED 23/05/2022. |
NO.AICAEA/22-23 | /CHQ/AIC | |
|---|---|---|---|
| EXHIBIT P14 | A TRUE COPY OF THE LETT RESPONDENT BEARING NO.A DATED 24/05/2022. |
ER ADDRESSED TO ICAEA/22-23/CHQ/ |
THE 3RD AICOB/01 |
| EXHIBIT P15 | A TRUE COPY OF THE COM THE 4TH RESPONDE NO.AICAEA/HQ/A-1/2020/CI |
MUNICATION CIRCUL NT UNDER R-1 DATED 21/05/ |
ATED BY BEARING 2022. |
| EXHIBIT P16 | A TRUE OF THE NO.AICAEA/22-23/AICAEA 27/05/2022. |
COMMUNICATION CHQ/KKY/03 |
BEARING DATED |
| EXHIBIT P17 | A TRUE COPY OF THE NO.23001/1/2020/NGE-CGA/ ALONG WITH ENCLOSURES. |
COMMUNICATION 187 DATED 11 |
BEARING /07/2022 |
| EXHIBIT P18 | A TRUE COPY OF THE NO.AICAEA/22-23/RECOGNIT 18/07/2022, ADDRESSED TO |
COMMUNICATION ION/103 THE 3RD RESPOND |
BEARING DATED ENT. |
| EXHIBIT P19 | A TRUE COPY OF THE 13/05/2022 TO BE SERVED OF THE CANARA BANK, NEW |
LAWYER NOTICE UPON THE BRANCH DELHI. |
DATED MANAGER |
| EXHIBIT P20 | A TRUE COPY OF THE LET 22/BRANCH KERALA/BANK/ ADDRESSED TO THE BRANC NEW DELHI. |
TER BEARING NO.A 11 DATED 10/ H MANAGER CANAR |
ICAE/21- 04/2022, A BANK, |
| EXHIBIT P21 | A TRUE EXTRACT OF THE BY THE ASSOCIATION IN T OF THE CANARA BANK, NEW |
BANK PASSBOOK MA HE 6TH RESPONDEN DELHI. |
INTAINED T BRANCH |
| EXHIBIT P22 | A TRUE COPY OF THE NO.AICAEA/22-23/RECOGNIT 19/07/2022. |
COMMUNICATION ION/107 |
BEARING DATED |
RESPONDENTS’ ANNEXURES:
ANNEXURE 1 TRUE COPY OF THE OM DATED 28/10/2005 OF MINISTRY OF FINANCES ANNEXURE 2 TRUE COPY OF THE O,M DATED 08/08/2022 OF MINISTRY OF FINANCE
TRUE COPY
P.A. TO JUDGE
1 issue framed by the court
Whether the writ petition can be maintained given that the association's trade union recognition has expired.
THE ALL INDIA CIVIL ACCOUNTS EMPLOYEES ASSOCIATION
UNION OF INDIA
THE SECRETARY TO GOVERNMENT OF INDIA MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES & PENSIONS
THE CONTROLLER GENERAL OF ACCOUNTS
KRISHNA K.YADAV
PRADEEP KUMAR BHAGAT
V.G.ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
