D.K. CHHANGANI AND ORS. versus NITYA RANJAN MUKHERJEE AND ORS.

Citation: [1996] SUPP. 6 S.C.R. 438 · Decided: 17-09-1996 · Supreme Court of India · Bench: K. RAMASWAMY, G.B. PATTANAIK · Disposal: Disposed off
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Judgment (excerpt)

A 
B 
c 
D.K. CHHANGANI AND ORS. 
v. 
NITYA RANJAN MUKHERJEE AND ORS. 
SEPTEMBER 17, 1996 
[K. RAMASWAMY AND G.B. PATTANAIK, JJ.] 
Ce11tral Civil Services (Recog11itio11 of Se1vice Associatio11s) Rules, 
1993: 
Rules 4 to J(}-Rival U11io11s of Se1vice employees-Recognition of-It 
is ope11 to the U11io11 co11cemed to approach the Govemme11t under the 
provisio11s of the Rules and to seek recognition in accordance with /aw-This 
would avoid future litigation i11 this behalf. 
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 490 of 
D 1980. 
E 
From the Judgment and Order dated 14.9.79 of the Calcutta High 
Court in Civil Rule No. 13393 (W) of 1979. 
AK. Pandey, R.K. Khanna and R.P. Singh for the Appellants. 
B. Sen and P.P. Malhotra, Dilip Sinha, D. Krishnan, K.R. Nambiar 
.and C.V.S. Rao for the Respondents. 
The following Order of the Court was delivered : 
F 
This appeal by special leave arises from the order of the Calcutta 
High Court made on September 14, 1979 and December 17, 1979 in Civil 
Rule No. 13393 (W). 
The claims relate to the recognition to the rival union of Geological 
Survey of India Employees' Association. The controversy is : as to whether 
·· G the Calcutta High Court has jurisdiction over the adjudication made by the 
,Industrial Tribunal in Maharashtra on the rival questions of the member-
ship and recognition of an association based thereon? It is not necessary 
to go into the question, though it is open to grave and grim jurisdictional 
fault for two reasons. Firstly, since elections were held on September 12, 
H 1975 and more than two decades have passed by since then, it is· no longer 
438 
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D.KCHHANGANiv. N.R.MUKHERJEE 
439 
a live issue. Moreover, the President exercising the power under Proviso A 
to Article 309 of the Constitution and clause (5) of Article 148, after 
consultation with the comptroller and Auditor General, had issued rules 
called the Central Civil Services (Recognition of Service Associations) 
Rules, 1993, which came into force w.e.f. November 5, 1993. Rule 4 deals 
with Service Associations registered or yet to be registered. They are 
required to make an application under Section 3. Clause (5) prescribes 
conditions for recognition of a Service Association and provides as under: 
"5. Conditions for recognition of Service Associations : A Service 
Association which fulfills the following conditions may be recog-
B 
nised by the Government, namely; 
C 
(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; 
D 
(b) the Service Association has been formed primarily with the 
object of promoting the common service interest of its mem-
bers; 
(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 mem-
bership of the Service Association; 
E 
( d) (i) The Association represents minimum 35 per cent of total F 
number of a category of employees provided that where there 
is only one Association \vith second highest membership, 
although less than 35 per cent may be recognised if it com-
mands at least 15 per cent membership; 
(ii) The membership of the Government servant shall be 
automatically discontinued on his ceasing to belong to such 
category; 
( e) Government employees who are in service shall be members 
G 
of office bearers of the Service Association; 
H 
\ 
A 
B 
c 
440 
SUPREME COURT REPORTS (1996) SUPP. 6 S.C.R. 
(t) 
the Service Assotiation 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 reli~ious denomination; 
(g) tfle Executive of the Service Association has been appointed 
from amongst the members only; and 
I 
(h) the lands of the Service Association consist exclusively of 
subscriptions from members and grants, if any, made by the 
Government, and are applied Ot!.ly for the furtherance of the 
objects of the Service Association." 
Rule 6 deals with conditions subject to which recognition is con-
tinued to the Associations and Rule 7 gives power for verification of the 
membership. Rule 8 deals with withdrawal of recognition. Rule 9 gives 
power to the Government for relaxation. Rule 10 rela
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