Madhya Pradesh High Court
Officers Association Piplani Bhel ... vs Govt. Of India on 27 February, 2024
Author: Vishal Dhagat
Bench: Vishal Dhagat
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL DHAGAT
ON THE 27 th OF FEBRUARY, 2024
WRIT PETITION No. 1646 of 2024
BETWEEN:-
OFFICERS ASSOCIATION PIPLANI BHEL BHOPAL
ACTING THROUGH ITS GENERAL SECRETARY MR.
SANTOSH SINGH MADAVI S/O SHRI NARAYAN SINGH
THAKUR AGM AND BHEL BHOPAL ADDRESSS QR NO.
656 N IV C SECTOR PIPLANI BHEL BHOPAL (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI RAM GULAM MAHAJAN - ADVOCATE)
AND
1. GOVT. OF INDIA THROUGH ITS SECRETARY
MINISTRY OF HEAVY INDUSTRIES GOVERNMENT
OF INDIA UDYOG BHAWAN RAFI MARG NEW
DELHI (DELHI).
2. BHARAT HEAVY ELECTRICALS LIMITED (A
GOVERNMENT OF INDIA UNDERTAKING)
THROUGH ITS CHAIRMAN AND MANAGING
DIRECTOR BHEL HOUSE SIRI FORT NEW DELHI
110049 (DELHI).
3. BHARAT HEAVY ELECTRICALS LIMITED ( A
GOVERNMENT OF INDIA UNDERTAKING)
THROUGH ITS EXECUTIVE DIRECTOR
ADMINISTRATIVE BUILDING HEAVY
ELECTRICAL PLANT PIPLANI BHEL BHOPAL 46022
(MADHYA PRADESH).
.....RESPONDENTS
(BY SHRI PUSHPENDRA YADAV - DEPUTY SOLICITOR GENERAL)
This petition coming on for admission this day, th e court passed the
following:
ORDER
Petitioner has filed this petition under Article 226 of the Constitution of
India making a prayer for quashing of order dated 12.12.2023, contained in
Annexure P/5, by which respondent No.2-BHEL has issued directions for
recovery of 15% in respect of perks and allowances of Executive Officers
(Engineers).
2. Learned Deputy Solicitor General appearing for respondents submitted
that writ petition filed in representative capacity by society is not maintainable.
In service matters PIL is not permissible. Members of petitioner society are not
down trodden or poor people who cannot approach before this Court so that
they are to be represented through society by filing PIL. It is also submitted that
under Industrial Distputes Act, Labour Associations are permitted to file
disputes before Industrial Court but same is in respect of labours who come
from a different class of society. In service matters, such type of representative
petitions cannot be allowed. Reliance is placed on judgment passed by Single
Judge in case of Central Professor/Scientist Technical Council, Gwalior vs
Rajmata Vijayaraje Scindia Krishi Vishwa Vidyalaya, Gwalior reported in
2016 (2) M.P.L.J. 319. He relied on para 11 of the said judgment, which reads
as under :
"11. Therefore, when number of individuals are affected by an
official act, they can bring a legal proceeding to challenge the
said act, if all such persons join in the proceedings by name.
True it is that association of such persons is recognised in law
like Societies registered under the Societies Registration Act. It,
being a legal entity, apart from its members can sue or be sued
in its own name, in accordance with the provisions of the Act
under which, or by which, it is constituted. However, for
maintaining a writ petition under Article 226 of the Constitution,
the Society has to establish violation of legal right of the Society
as such and not otherwise. Hon'ble the Supreme Court in the
case of Chiranjit Lal Chowdhuri v. The Union of India and
others, AIR 1951 SC 41 has observed that where an association
is permitted by law to bring a legal proceeding, it can bring an
application under Article 226 of the Constitution of India only
when its rights as a collective body, as distinguished from the
aggregate rights of its members, are affected by the Act
challenged in such proceedings."
In view of same prayer is made for dismissal of writ petition.
3. At this stage, learned counsel appearing for the petitioner prays for
withdrawal of petition with liberty to file joint petition by individual officers in
their individual capacity.
4. Prayer is allowed.
5. Writ petition is dismissed as withdrawn with aforesaid liberty. Interim
order is vacated.
(VISHAL DHAGAT)
JUDGE
vkt
