Delhi High Court
Cns Officers Guild (Regd) Through ... vs Airports Authority Of India on 28 July, 2017
$~41
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 6415/2017
CNS OFFICERS GUILD (REGD) THROUGH
ITS SECRETARY ..... Petitioner
Through: Mr Ashish Dixit, Advocate.
versus
AIRPORTS AUTHORITY OF INDIA ..... Respondent
Through: Mr Digvijay Rai, Advocate for AAI.
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU
ORDER
% 28.07.2017
VIBHU BAKHRU, J
CM No. 26576/2017
1. Allowed, subject to all just exceptions.
2. The application is disposed of.
W.P.(C) 6415/2017 & CM No. 26575/2017
3. The petitioner, CNS Officers Guild (Regd.) is a cadre based
association of CNS employees (officers employed in the departments of
Communication, Navigation and Surveillance) of the respondent (hereafter
'AAI'). The AAI is a body constituted under the Airports Authority of India
Act, 1994, responsible for discharging the functions as specified under the
said Act.
4. The petitioner has filed the present petition inter alia praying as
under:-
"a. Issue an appropriate Writ, Direction or Order in the
nature of a Mandamus directing the Respondent to
conduct the verification membership undertaking via
ERP-SAP module/method as it is expedient for
ensuring that genuine memberships are considered
whilst recognizing the associations;
b. Issue an appropriate Writ, Direction or Order in the
nature of a Mandamus directing the Respondent to
adhere to DOPT Office Memorandum No. 02/10/80-
JCA dated 31.01.1994 laying down the procedure for
verification of membership of associations for the
purpose of recognition;
c. Issue an appropriate Writ, Direction or Order in the
nature of a Mandamus directing the Respondent to
adopt mechanism, wherein the association adhere to
their Constitution and By-laws while applying for
recognition as uni-cadre/ multi cadre or as the case
may be;"
5. AAI has formulated a policy on recognition of officers' association
operating in AAI, which was circulated on 13.01.2017. The said policy
provides for recognition of separate cadre based associations in the cadres of
"(i) ATC; (ii) CNS; and (iii) Engineering". The officers belonging to ATC,
CNS and Engineering cadre who do not opt for being a member of their
respective cadre based association could become members of a non-cadre
based association. However, each officer is entitled to be a member of only
one association and cannot hold membership of two associations.
6. In terms of paragraph 6 of the aforesaid policy, the associations who
fulfil the conditions as laid down therein can apply for recognition in the
manner as specified in the policy. Such applications are required to be
accompanied by documents as specified in paragraph 6(a) of the policy
which reads as under:-
"a) The application shall be accompanied with copy of
valid Registration Certificate of the said
Association; its Memorandum of Association; its
Constitution/By-Laws along with a certified Copy
of the last Returns submitted to the Registrar of
Societies and the names of its Members (as on 01 st
January) alongwith a duly signed and dated
undertaking/declaration from each member stating
that he/she is a member of such Association,
including any other information as may be required
from the Association by the management, for the
purpose. The Association shall submit its list of
members, alongwith a duly signed and dated
undertaking/declaration from each member stating
that he/she is a member of such Association, in the
following proforma, duly attested by
President/Secretary of said Association, on each
page:-
Sl. Employee Name Designation Grade of Present
no. Number of of Officer Officer place of
Officer (indicate posting
E1 to E9)
A B C D E F
"
7. The learned counsel for the petitioner referred to the judgment of this
Court in C.N.S. Officer's Guild (Regd.) v. Chairman, Airport Authority of
India & Ors.: W.P.(C) 5820/2007, decided on 23.12.2015 wherein this
Court had given directions to the AAI to formulate a transparent policy for
recognition of associations as the Court had found the decisions being taken
by AAI were unguided and without following any set parameters. The
above referred policy has been formulated pursuant to the above order
passed by this court.
8. The petitioner had suggested that in order to verify genuine
membership, an undertaking should be submitted by the employees through
their employee code and by paying subscription as a deduction from their
salaries. The learned counsel for the petitioner states that this procedure is
also mandated by an Office Memorandum issued by DOPT and the said
practice has also been followed by government departments. It was earnestly
contended that such procedure would eliminate the possibility of duplicate
and/or false memberships. AAI has not accepted the aforesaid suggestion
and had issued a letter dated 27.06.2017, which reads as under:-
"Sub : Recognition of Officers' Association in AAI -
Extension of time for submission of documents -
other General Guidelines - reg.
Sir,
In continuation to this office letter of even number dated
01.03.2017, the issue regarding mode of submission of
membership undertakings was under consideration, after
necessary deliberations, it is decided that all the Officers'
Associations shall submit the membership undertakings, as
detailed under 'Policy on Recognition to Officers' Association
operating in AAI'.
2. Accordingly, the following is submitted for kind
information and necessary action: -
(a) The last date for submission of desired documents
alongwith undertakings is extended till 1800 hrs. of
31.07.2017 (Monday) for grant of Recognition upto
31.03.2019.
(b) The two (02) Associations [AAOA(I) and IAAIOA]
may also submit the supplementary list of its
members alongwith the additional undertakings in
respect of their left over members, if any, latest by
31.07.2017. Further, it is made clear that documents
and undertakings already submitted by these two
(02) Associations shall be valid and considered.
(c) It is for information of all the Associations that in
case of any duplicate membership or disputed
membership, the said undertakings / membership
etc. shall automatically become 'provisionally
invalid'. In such cases, the management may obtain
a fresh membership undertaking through ERP-SAP
module in respect of those members, and the
memberships, as be confirmed by the concerned
officer through SAP module, shall be treated as final
and binding. In case the said officer(s) shall not
submit the membership undertaking through ERP-
SAP module, upto the last date (as be decided by the
management), the said name shall be treated as
'cancelled' from all the lists of the Officers'
Associations.
(d) Further, all the existing Officers' Associations in
AAI are requested to submit an open letter (as per
the enclosed specimen) confirming that they have
applied for grant of Recognition under which cadre /
category viz ATC, CNS, Engg., or Multiple cadre,
latest by 31.07.2017.
(e) In case any Officers' Association applies for grant of
Recognition under three (03) 'cadre based
Association' category, they have to submit an
undertaking (proforma enclosed) that in case the said
Association has any member out of the cadre of the
cadre based Association, those names may
automatically be treated as deleted from the
members list of the said individual cadre based
Association, without obtaining any confirmation
from the Association and those members may also
be considered as 'provisionally invalid'.
It is for information of all Officers'
Associations that said officers /members shall be
given a chance to re-submit their membership
undertaking through ERP-SAP module stating that
they belong to which multiple cadre Officers'
Association, or as the case be. In case the said
officers / members shall not submit the membership
undertaking through ERP-SAP module, latest by the
last date (as be decided by the management), their
membership shall not be counted under any head of
Officers' Associations.
(f) Further, it is informed that in case, any officer who
shall not submit any undertaking for any of the
Officers' Associations, they will be treated under
'NOTA category'.
(g) Accordingly, the attention of all the Officers'
Associations about the condition stipulated under
Para 2 of Chapter 6 of the Policy, the meaning of the
same shall be read as stated under Para (d) &(e)
above.
(h) It is also requested to all the Officers' Associations
to circulate the above guidelines / clarifications to all
its members for their awareness at the time of
recognition process.
3. In the last, it is submitted that no extension of time shall
be granted after 31.07.2017 and if any of the Officers'
Association shall not submit the desired documents /
membership undertakings etc., the said Association shall not
be considered for grant of Recognition till 31.03.2019.
4. Further, all the Chapters / Guidelines mentioned under
'Policy on Recognition of Officers' Association operating in
AAI' (except as narrated herein above) stands confirm.
5. This issues with the approval of Competent Authority."
9. The learned counsel appearing for AAI stoutly contended that the
present petition is not maintainable inasmuch as it seeks to challenge a
policy of AAI, which is neither perverse nor unreasonable.
10. The method of recovering subscription through pay roll accounting to
ensure that each employee opts for membership of only one association may
be a better system than the one as adopted by AAI, however, that would not
warrant any interference by this Court in AAI's policy matters. There may
be several methods for verifying that each employee only opts for
membership of only one association, as specified in the aforementioned
policy and merely because the petitioner perceives the method suggested by
it to be more effective, does not entitle the petitioner to seek a writ of
mandamus from this Court. The petitioner has no legal right to impose its
suggestions in policy matters of AAI.
11. It is well settled that a petition under Article 226 of the Constitution
of India can be maintained only to enforce a legal right. In Calcutta Gas
Company (Proprietary) Ltd. v. State of West Bengal and Ors.: AIR 1962
SC 1044. Justice K. Subba Rao, speaking for the Constitution Bench of the
Supreme Court had observed as under:
"The article in terms does not describe the classes of persons
entitled to apply thereunder; but it is implicit in the exercise
of the extraordinary jurisdiction that the relief asked for must
be one to enforce a legal right. In The State of Orissa v.
Madan Gopal Rungta:[1952] 1 SCR 28, this Court has ruled
that the existence of the right is the foundation of the
exercise of jurisdiction of the court under Article 226 of the
Constitution."
12. In this case, it is difficult to accept that the petitioner has any legal
right to enforce its suggestion as to the method of verification of
membership. This Court is also unable to accept that the policy as laid down
by AAI is perverse or unreasonable and/or fails the wednesbury test (that is,
no sensible person could have ever adopted the said course). No
fundamental rights of the petitioner or its members have been violated.
13. The petition and the application are, accordingly, dismissed.
VIBHU BAKHRU, J
JULY 28, 2017
RK
