GOVERNMENT OF INDIA Vs. ISRO DRIVERS ASSOCIATION
SUPREME COURT OF INDIA
GOVERNMENT OF INDIA
Isro Drivers Association
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AJAY RASTOGI, J. -
(1.)The instant appeal is directed against the order and judgment dated 22nd September, 2008 passed by the Division Bench of the High Court of Andhra Pradesh at Hyderabad holding the association formed by the drivers based on job description as a 'distinct category' laid down under Rule 5 (c) of Central Civil Services (Recognition of Service Association) Rules, 1993 (hereinafter being referred to as "Rules 1993") overruling the view expressed by the Single Bench of the High Court dated 9th October, 2001.
(2.)The seminal facts in brief which are relevant for the present purpose are that the respondent approached the High Court by filing a writ petition seeking a declaration in treating their association comprising of drivers operating in appellant no. 4-Shar Centre a Unit of ISRO, Nellore District, Andhra Pradesh eligible to participate in the verification process by according recognition and rejection of their application by order dated 29th June, 1999 on the premise that association formed by a group of employees based on job description will not qualify for recognition under Rules 1993 is in contravention to Rule 5 (c) which is not sustainable in law.
(3.)Learned Single Judge of the High Court taking note of the scheme of Rules 1993 and R5(c) and R10 in particular with later Office Memorandum dated 22nd April, 1994 of the Government of India, Ministry of Personnel P.G. and Pension read with decision of the Department of Space dated 30th May, 1996 arrived at the conclusion that the object of the scheme is to protect the common interest of the employees of the establishment and the respondent represents only the interests of drivers but the association must have a collective voice of all the groups for the purpose of recognition and after the expression 'distinct category' as referred to under R5(c) being explicitly clarified by the Department of Personnel and Training(DOPT) and Department of Space, any association formed on the basis of job description or trade will not qualify to accord recognition and later communication dated 22nd April, 1994 is supplementing the scheme of Rules 1993 for its proper implementation in fulfilment of the object with which the scheme has been framed and there appears no apparent error in the decision of the authority rejecting their claim seeking recognition in forming the association representing interest of the drivers based on job description not being covered under the scheme of Rules 1993 dismissed the writ petition by its judgment and order dated 9th October, 2001 which came to be challenged by the respondent in writ appeal.
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