Hon'ble Manish Kumar,J.
This Bench has been constituted under the orders passed by Hon'ble the Senior Judge on the prayer made by learned counsel for petitioner for taking up the matter urgently.
Heard Sri Sharad Pathak, learned counsel for petitioner, Sri H.P. Srivastava, learned Additional Chief Standing Counsel for the State-respondents and Sri Upendra Nath Mishra, learned Senior Advocate assisted by Sri Neel Kamal Mishra, learned counsel representing respondent no.5.
These proceedings under Article 226 of the Constitution of India have been instituted challenging an order dated 20.01.2021 which has been issued by the Senior Vice President/Officiating President of the Diploma Engineers Sangh, which is an employees' union recognized by the State Government under the provisions of Uttar Pradesh (Recognition of Service Associations), Rules, 1979. By the said order dated 20.01.2021, the Officiating President has called a meeting of the General Assembly of the union and has also provided election programme for electing office bearers of the Society.
The petitioner has also challenged the notification dated 07.01.2021 issued by the General Secretary of the union whereby an information has been circulated that 65th General Assembly of the union shall be convened on 07.02.2021 at Lucknow. The petitioner also challenges the letter dated 31.01.2021 issued by the Senior Vice President of the union intimating the Engineer-in-Chief/Head of the Department, Public Works Department, U.P. Lucknow that the petitioner's membership of the union has been terminated by its Executive Committee in its decision taken on 06.01.2021.
Another prayer has been made for issuing direction to the State-respondents to hold elections of the Central Executive Committee of the union from amongst the General Body in accordance with constitution of the union. The petition contains yet another prayer for directing Engineer-in-Chief/Head of the Department, Public Works Department, U.P. Lucknow to take appropriate steps in the matter so that interest of union may be protected and elections of the Central Executive Committee may be held in a free and fair manner in accordance with the constitution of union.
First and foremost question which arises for consideration is that as to whether this petition under Article 226 of the Constitution of India would be maintainable.
Admittedly, the Diploma Engineers Sangh is an employees' union and has been recognized by the State Government in terms of the provisions contained under Uttar Pradesh (Recognition of Service Associations), Rules, 1979. The said Rules purportedly appear to have been framed by the State Government in exercise of its powers vested in it under Article 309 of Constitution of India. However, the very purpose of framing Rules is to regulate grant of recognition of service associations of the government servants of State of U.P.
The dispute raised in this petition primarily relates to termination of the membership of the petitioner and holding election allegedly not in terms of the provisions contained in the constitution of association.
So far as termination of membership of an individual from recognized employees' association/union is concerned, nothing can be found in the Rules, 1979; even otherwise membership of an individual of the association is a private affair and no public law element appears to be involved. Rules have been framed only with a view to provide a forum to the employees so that employees' union can take up their issues with the State Government, if there arises any grievance in relation to conditions of their service etc. In respect of the elections of the employees' association/union, the State Government has not been vested with any authority, whatsoever, in the said Rules and as such if there arises any dispute relating to elections either before elections are taken up or after its conclusion, remedy, in our considered opinion, to an aggrieved person would not lie before this Court under writ jurisdiction.
Similarly, if there is any dispute regarding entitlement of being a member, termination of membership or continuance as membership of employees' association, for the said purpose also, no writ petition would be maintainable for the reason that none of the statutory rules or constitutional rights can be said to be violated. In case of termination of membership of an employees' association, at the most, an aggrieved person can claim his private rights and accordingly for such grievance, remedy under Article 226 of the Constitution of India would not be available. The remedy, in fact, would lie before the civil court or for that matter before any other legal forum which may be available under law.
So far as submission of learned counsel for petitioner that the petitioner has been making representations to the State Government for taking action is concerned, having perused two representations dated 13.02.2020 and 28.01.2021, we find that in none of the representations, any prayer for de-recognition of the employees' association has been made. Under the Rules, 1979, only power vested in the State Government is that, in case of breach of constitution or by-laws of the employees' union, the association may be de-recognized. No such power as observed above, is vested with the State authority to intervene in the election of the association.
In view of the aforesaid, this petition is highly misconceived which deserves to be dismissed at its threshold.
The petition is thus dismissed.
Order Date :- 7.2.2021 Renu/-