Civil Miscellaneous Appeal No.2758 of 2019 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10.12.2019 CORAM: THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN Civil Miscellaneous Appeal No.2758 of 2019 Karur Vysya Bank Retirees’ Association, Rep. by its General Secretary, Plot ‘E’, New No.44, Old No.33B, 8
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.12.2019
CORAM:
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
Civil Miscellaneous Appeal No.2758 of 2019
Karur Vysya Bank Retirees’ Association,
Rep. by its General Secretary,
Plot ‘E’, New No.44, Old No.33B,
8
th
Street, Sowrashtra Nagar,
Choolaimedu, Chennai-600 094. … Petitioner/Appellant
-vs-
Deputy Commissioner of Labour I
DMS Compound,
Teynampet, Chennai-600 006. … Respondent
PRAYER: Petition is filed under Section 11 of the Trade Unions Act, 1926 to set aside the
order dated 26.10.2016 passed in O.M.A3/5794/16 by the Deputy Commissioner of Labour I,
Chennai / the Authority under the Trade Unions Act.
For Appellant : Mr.Balan Haridas
For Respondent : Mr.M.Sricharan Rangarajan
Spl. Govt.Pleader (CS)
O R D E R
This Appeal has been filed to set aside the order dated 26.10.2016 passed in
O.M.A3/5794/16 by the Respondent, namely, Deputy Commissioner of Labour I, Chennai,
who is the Authority under the Trade Unions Act, by which, the request of the Appellant
Association (hereinafter referred to as ‘the Association’) to register its Association was
negatived by the Authority on the ground that the members of the Association are not in
service.
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itself provides for an extended meaning / definition, the Authority concerned cannot
narrow the definition to simply reject the application, as it would definitely be against the
very object of the Trade Unions Act itself and is also violative of Article 19(1)(c) of the
Constitution of India.
Admittedly, the retired employees will not be permitted to join hands with the
Association of the current employees, as the nature of grievances being faced by either of
them will be on a different path and both cannot be mingled together for espousing the
same to the industry with which they are actually connected, unless or otherwise the
retired employees have a separate track / wing to espouse their grievances. Therefore, in
the considered opinion of this Court, the order dated 26.10.2016 passed by the Authority
has no legs to stand is liable to be set aside.
Accordingly, this Civil Miscellaneous Appeal is allowed and the order dated
26.10.2016 is set aside. The matter is remitted to the Authority for fresh consideration with
a direction not to reject the request of the Appellant Association, reiterating the very same
ground that they are all retired employees and no single employee is on the roll of the
establishment or industry with which it is connected.
To put it precisely, even if seven employees were not on the roll, they are
entitled to form an Association that has got to be registered under the Act, 1926 and the
same cannot be refused to be registered on this score. Though the existing Union with
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S.VAIDYANATHAN,J.,
ar
permanent employees can espouse the cause of retired employees or others, who were not
in employment, on the ground of community of interest, consequent to the absence of such
interest in the present days, there is nothing wrong in permitting the retired employees to
have their own Association under the Act, 1926, as Unions, having permanent employees on
the Roll, are withering away and shirking from their moral responsibilities to espouse the
cause of employees, who ceased to be on the roll. Of course, the Association with retired
employees cannot in any event raise a dispute pertaining to the service conditions of
employees on the rolls. No costs.
10.12.2019
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in employment, on the ground of community of interest, consequent to the absence of such
interest in the present days, there is nothing wrong in permitting the retired employees to
have their own Association under the Act, 1926, as Unions, having permanent employees on
the Roll, are withering away and shirking from their moral responsibilities to espouse the
cause of employees, who ceased to be on the roll. Of course, the Association with retired
employees cannot in any event raise a dispute pertaining to the service conditions of
employees on the rolls. No costs.
10.12.2019
