Click here The final judgment in W.P. (C) No. 7135 of 2023 by the Jharkhand High Court disposes of the writ petition filed by the All Indi...
The final judgment in W.P. (C) No. 7135 of 2023 by the Jharkhand High Court disposes of the writ petition filed by the All India Postal Employees Union Group 'C' against the Department of Posts, Government of India, regarding the withdrawal of recognition of the union under the Central Civil Services (Recognition of Service Association) Rules, 1993.
Key Findings of the Court:
1. Violation of Rules:
The union was found to have donated Rs. 4,935/- to CPI(M) and Rs. 30,000/- to the Confederation for the Farmers' Movement, which violated Rule 5(b), Rule 5(h), and Rule 6(c) of the Rules of 1993.
The court rejected the union’s explanation, stating that the payment to CPI(M) was an admitted fact and that the donation for the farmers’ movement was clearly documented in the income and expenditure account of the petitioner.
The allegation of a Rs. 50,000/- donation to CITU was not substantiated, so it was not considered against the petitioner.
2. Legality of Withdrawal of Recognition:
Since two violations were proven, the withdrawal of recognition was justified under Rule 8 of the Rules of 1993.
The court upheld the withdrawal of recognition but clarified that it was not permanent, as the order stated "till further orders."
3. Right to Apply for Fresh Recognition:
Since the original recognition was for five years (2019–2024), the derecognition cannot extend beyond that period.
The court ruled that the petitioner can apply for fresh recognition, and the government must consider it per the rules.
4. Implementation Delayed for Three Months:
The Hon’ble Supreme Court had earlier ruled that the final judgment’s implementation must remain in abeyance for three months to allow the aggrieved party to approach the Supreme Court if they wish to challenge it.
Thus, the withdrawal of recognition will not take effect for three months from February 18, 2025.
Final Order:
The writ petition is disposed of, with the recognition withdrawn but not permanently.
The petitioner may apply for fresh recognition, and the implementation of this order remains on hold for three months.
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