B.P. Banerjee, J. - (1.) This application was filed before the tribunal by All India Scheduled Castes and Scheduled Tribes Railways Employees Association represented by the General Secretary and ten others for a relief to the extent that their cases of promotion were withheld to the higher posts. The order of promotion on the basis of which the applicants No. 2 to 11 claim seniority is an order passed by which they were temporarily promoted as Head Commercial Clerks on condition that the said posting order was issued on temporary measure till the final pinpointing order. It appears that thereafter there was no such order which has been brought to the notice of this court by which subsequently the temporary order has been converted into permanent. The said applicants claim that they have acquired the right of seniority from the date of temporary promotion. The tribunal entertained the application. But it appears that the tribunal has overlooked the provisions of section 19 of the Administrative Tribunals Act, 1985 under which a person aggrieved by any order pertaining to any matter within the jurisdiction of a tribunal may make an application to the tribunal for the redressal of his grievance. In the instant case we are unable to understand how the tribunal has entertained the application at the instance of an unregistered association and others.
(2.) In Sand Carrier's Owners' Union v. Board of Trustees for the Port of Calcutta and ors. reported in AIR 1990 Calcutta 176, held that unincorporated associations are not legal persons and as such, writ petition are not maintainable at their instance. An association could be formed to protect the interest of consumers, tenants and other groups with the common interest. But such group cannot move writ application. No aspect of the administrative law has been changing more rapidly than the law governing standing and this standing barrier has been substantially lowered in recent years, but on the basis of the law relating to standing as in England or in America as also in India, it can be held without any difficulty that the writ petition at the instance of an unincorporated association itself who is not affected by any order to protect the interest of its so-called members, not maintainable. The same view has been taken in R. v. Darlington B.C. ex. p. Association in Darlington Taxi Owners, 1994 C.O.D. 424 ; The Times January 21, 1994 as well as R. v. Tower Hamlets, L.B.C., ex.p. Tower Hamlets Combined Traders Association 1994 C.O.D. 325.
(3.) In case of a representative body, problem to do with standing may arise in such cases. The first difficulty concerns the capacity of the body to commence legal proceedings. This is distinct from the issue of standing. In the above two cases, the English Court took the view that an un-incorporated association have no legal personality and so could not apply for judicial review in its own name, even if each member of the association had standing to apply personally.;