A.M.Bhattacharjee, CJ. - (1.) I have gone through the judgment prepared by Batabyal, J. appearing hereinafter. For the reasons stated in the judgment, I agree that the appeals are to be allowed and the writ petition giving rise to these two appeals is to be dismissed.
(2.) The right to form association or union is a fundamental right guaranteed by Article 19 (1) (c) of the Constitution. If the union is a union of workers, a recognition of the union by the employers would obviously facilitate the activities of such a trade union. But every activity which facilitates the exercise of a fundamental right specifically guaranteed by the Constitution is not necessarily comprehended in that fundamental right. Even if it appears that a given fundamental right may not be fully exercised without some further or additional right, such further or additional right cannot as a matter of course be regarded as part of the guaranteed fundamental right. The test to be applied is, whether the right claimed is an integral part of the specified fundamental right or partakes of the same basic nature and character as of that fundamental right so that the exercise of such right is in reality and substance nothing but an incidence of the exercise of the guaranteed fundamental right. Reference in this connection may be made to the celebrated decision of the Supreme Court in Maneka Gandhi (AIR 1978 SC 597 at 610-641).
(3.) It may be, as already noted, that recognition by the employers of a trade union would go a long way to make the activities of the union much more effective. But from that alone it cannot be concluded that right to form union or a trade union embrances within itself, the right of the said union to be recognised by the employers or some other authority. Such a right must follow or flow from some other provisions of the law and unless such a right is acquired in accordance with the provisions of such law, the same cannot be enforced.;