Delhi High Court recently held that government servants cannot be excluded from the fundamental right to form an association, union or cooperative society even though government recognition of such associations may not be a fundamental right.

A bench of Justices V Kameswar Rao and Anoop Kumar Mendiratta also opined that the primary object of the Central Civil Services (Recognition of Service Associations) Rules is to recognise any service association to encourage legitimate union activities for enabling negotiations and maintaining a harmonious relationship between the government and its employees.

"The government servants cannot be excluded from the protection of the rights guaranteed by part III of the Constitution though the duties which they may discharge as a public servant might involve restrictions of freedom in terms of Article 19 of the Constitution of India. By virtue of Article 19(1)(c) of the Constitution of India, the right to form Association or Union or Cooperative Societies is a fundamental right even though the recognition of such associations by the government may not be a fundamental right," the judgment said.

The order was passed in a plea by the Central PWD Engineers Association challenging an order of the Central Administrative Tribunal (CAT) denying continuation of recognition to the association on the ground that they did not file required documents.

Therefore, the CAT held that the association was not entitled to claim the benefits accorded to them. However, the CAT asked the respondents to expedite re-verification and consider continuation of recognition.

The petitioners claimed that despite repeatedly submitting details of its members, the respondents failed to carry out the re-verification process and grant renewal of recognition.

Thus, the respondents failed in their duty to carry out re-verification.

It was also submitted that only the Central government can accord or withdraw recognition and the Central PWD could not declare that the association did not have a valid recognition.

The Court, on examining the material, found that the process of re-verification was mandatory and has to be carried out in accordance with rules. Further, it was found that the OM treating the association as unrecognised without obtaining approval of the Central government ought to be set aside.

Therefore, the Court set aside findings of the tribunal declining the prayer to quash the office memorandum.

Additionally, the Bench opined that the rights and privileges of the association and office bearers could not be left in limbo during the pendency of the request for continuation of recognition.

"It needs to be appreciated that the steps were taken on behalf of the petitioner Association for continuation of recognition vide various communications though after a delay of about one year and eight months."

In light of this, the Court directed the respondents to take an appropriate decision in respect of the continuation of recognition.

Senior Advocate C Mohan Rao and advocate Lokesh Kumar Sharma appeared for the petitioner.

The respondents were represented by advocates Ruchir Mishra, Mukesh Kr Tiwari, Reba Jena Mishra, and Poonam Mishra.

Case Title: Central PWD Engineers Association v. Union of India