Telangana High Court
National Federation Of Atomic Energy ... vs Union Of India on 6 August, 2025
THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT PETITION No.21096 of 2025
ORDER:
This writ petition is filed seeking following prayer:-
"to direct the respondents to allow the petitioner to conduct the
elections without reference to 15(1)(c) of CCS (Conduct Rules)
by holding the action of the respondents in insisting Rule
15(1)(c) of CCS (Conduct Rules) as bad, illegal, unfair,
unconstitutional, more particularly one in the nature of Writ of
mandamus."
2. Brief facts of the case are that petitioner No.2 is represented by the
General Secretary, NFCIWU, vide Registration No.A.71, recognized by the
Department of Atomic Energy, Government of India, affiliated to National
Federation of Atomic Energy Employee (NFAEE), Nuclear Fuel Complex,
ECIL Post, Hyderabad. The petitioners are aggrieved by proceedings dated
12.07.2025 issued by the 3rd respondent through which the request of the
General Secretary for nomination of convener and co-convener for election for
the period 2025 to 2027 under CCS (RSA) Rules 1993 on 26-07-2025 was
accorded by further stating that rule 15 (1)(c) of CCS conduct rules of 1964 will
be in operation till it is withdrawn by stating that the said provisions are
applicable referring to the office memorandum dated 27-02-2020 of DoPT and
office memorandum of DAE dated 29-08-2022 will be followed, which is
contrary to law.
3. The 1st petitioner is the NFAEE and the 2nd petitioner is the Registered
Trade Union of NFC Unit Hyderabad which is affiliated to the 1st petitioner.
The 2nd petitioner has submitted representation dated 04-02-2025 to the 1st
respondent stating that Industrial Staff are governed by provisions under
Industrial Dispute Act, 1947 (for short 'ID Act') and the other labour laws and
that ID Act provides rights to workmen to organize and participate in Trade
Union Activities and encourage fair labour practices and dispute resolutions
and that workmen are excluded from Rule 15(1)(c) of CCS (Conduct Rules)
1964. The representation of the 2nd petitioner dated 04.02.2025 was followed
by another representation dated 24-03-2025.
4. The petitioners refers to the judgment rendered by High Court of
Bombay in WP No.12666/2024 dated 15.04.2025, wherein the prayer sought by
the petitioners in the said writ petition in clauses (a), (b), (c), (d) were allowed.
A reading of the said clauses would show that what was sought before the
Bombay High Court was that the Atomic Energy Workers and Staff Union, a
registered Trade Union was seeking to exempt them from 15(1)(c) of CCS
(Conduct Rules) 1964 and the restriction imposed on the office bearer that they
can only have tenure of two terms or five years maximum is illegal.
5. Thereafter, the General body of the 2nd petitioner met on 05-07-2025 and
the minutes of the meeting were communicated to Administrative Officer-III
(IR & W) NFC Hyderabad, through letter dated 05.07.2025, wherein it was
resolved to follow the above judgment in conducting the elections, and
thereafter, the 2nd petitioner informed Administrative Officer -III (IR & W),
NFC Hyderabad, that the elections are scheduled on 26-07-2025 and have
nominated the convener and co-convener for conducting of elections for the
period 2025-27. Thereafter, the Administrative Officer-III (IR &W, Transport
and PR) issued proceedings dated 12-07-2025 addressing the 2nd petitioner and
informed that competent authority has acceded to the request of the 2nd
petitioner for nomination of convener and co-convener as suggested, and
further informed that Rule 15(1)(c) of CCS (Conduct Rules) will be in
operation till they are withdrawn and that DoPT, OM dated 27-02-2020 and
DAE, OM dated 29-08-2022 regarding sanction and guidelines for holding
elections would be followed.
6. The petitioners submits that the said observations are made by ignoring
the judgment of the Bombay High Court, which is contrary to law. It is further
submitted that the order passed by the Bombay High Court in W.P.No.12666
of 2024, dated 15.04.2025, is applicable to the union which is similarly placed
by the petitioners and also would be applicable to other states and that the
respondents are insisting for application of rule 15(1)(c) of CCS (Conduct
Rules) 1964. It is further submitted that the employees are governed by the
Industrial Employment (Standing Orders) Act, 1946, and not by the CCS
(Conduct) Rules, 1964, wherein the Hon'ble Supreme Court in Civil Appeal
No. 1320 of 2010, dated 29.11.2023, has clearly held that employees of
industrial establishments are governed by certified standing orders framed
under the Industrial Employment (Standing Orders) Act, 1946, and not by the
CCS (Conduct) Rules, 1964.
7. Learned counsel for the petitioners submits that principle of parity
mandates that the same relief be extended to the petitioners' union. Hence,
timely conduct of elections is mandatory to ensure continuity of representation
and functioning. As such, questioning the proceedings dated 12.07.2025
issued by the Administrative Officer, III, (IR&W, Transport & PR), the present
writ petition is filed.
8. This Court on 29.07.2025 granted status quo to the extent of
continuation of the members of the petitioners' union. Today, when the
matter has been taken up for hearing, Sri B. Narasimha Sharma, learned
Additional Solicitor General of India, placed a copy of the instructions of
Assistant Personnel Officer, NFC, wherein it is stated that the Department is in
the process of preferring an appeal before the Hon'ble Supreme Court of India
against the judgment passed by the High Court of Bombay in W.P.No.12666 of
2024, dated 15.04.2025, and considering the above, it has been advised that the
unions may conduct elections with an undertaking that it would be subject to
outcome of the SLP. Learned Additional Solicitor General of India, fairly
submits that till date the respondents have not filed SLP before the Hon'ble
Supreme Court against the orders in W.P.No.12666 of 2024, dated 15.04.2025.
9. Heard learned counsel for the petitioners and Sri B. Narasimha
Sharma, learned Additional Solicitor General of India representing on behalf
of Sri KVV Vedantha Charya, learned Standing Counsel appearing for
respondents. With their consent, this writ petition is being taken up for
disposal today.
10. Recording the submissions of the learned Additional Solicitor General of
India, since the stand taken by the respondents that petitioners' union may
conduct elections, accordingly, the petitioners' union may go ahead with the
elections without reference to Rule 15(1)(c) of CCS (Conduct Rules). However,
the issue pertaining to Rule 15(1)(c) of CCS (Conduct Rules) is left open till the
respondents take steps in filing SLP before the Hon'ble Supreme Court and
subject to outcome of the SLP, if filed.
11. With the above observations, this wit petition is disposed of.
Miscellaneous applications, if any pending, shall stand closed. No order as to
costs.
_________________________________
JUSTICE N.V.SHRAVAN KUMAR
Date: 06.08.2025
Note:-
Issue C.C in today.
B/o
SUS
