TMI Blog1968 (2) TMI 127X X X X Extracts X X X X X X X X Extracts X X X X ..... No. 1 is the Union of India and Respondent No. 2 is the Director-General of Ordnance Factories. 3. According to the Petitioner Association, the Stenographers are outside the clerical cadre: that there is no Rule authorising the promotion of Stenographers to the grade of Assistants and that the Stenographers had no higher prospects in their career. Administratively, however. Respondents reserved a post of Assistant-in-Charge to be filled up from the cadre of Stenographers of Grade 13 and on the protest of the Petitioner. Respondent No. 2 stated that it was only a non-recurring measure (Annexure A) which had been adopted to remove from the minds of the Stenographers the sense of frustration which they were suffering from for not having ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ny, of its members should be agitated in appropriate proceedings brought by them in their individual capacity. 7. The Petitioner Association is, of course, not an incorporated body but it relies on the fact that it has been 'recognised' by the Government according to the Central Services (Recognition of Service Associations) Rules, 1959, made in exercise of powers conferred by Article 309 of the Constitution. Recognition, however, gives an employees' association only a status in its relationship and dealings with the employer, i.e., the Government. It has nothing to do with the representation of its members in a litigation before a Court of law. The question has therefore, to be answered on general principles as explained by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... District Hotel Owners' Association v. District Magistrate Bangalore AIR 1951 Mys 14). 10. To the foregoing general rule, certain exceptions have been introduced by the provisions of certain special statutes, e.g.,-- (i) A registered union is made a body corporate by Section 13 of the Trade Unions Act, 1926, and is empowered to sue and be sued in its own name. (ii) Under the Industrial Disputes Act, 1947, an association of workmen has a right to raise industrial disputes and to represent the workmen throughout the proceedings (Ramprasad v. Chairman. Industrial Tribunal, Patna (1961)ILLJ504SC ) and can thus move against an award under the Act (W. B. P. W. Union v. A. U. P. Works, Private Ltd. (1962)IILLJ62Cal ). (iii) Under Se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t an association has got a right under Article 32 or 226 to ventilate the grievances of its members. It is to be noted, however, that the cause title of the cited case adds 'and others' as Petitioners and, in all probability, besides the Association, the Station Masters themselves who were affected were added as Petitioners, as would appear from the opening words of the judgment (p. 385, ibid.)- The petitioners who describe themselves as Road-side Station Masters challenge. ..,......... 13. The Court did not say that the Petition had been brought by an association of Station Masters and no question as to the maintainability of the Petition by an association was raised in that case. It does not accordingly, establish that an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ioner has, however, failed to prove the existence of separate cadres for Clerks and Stenographers, in rebuttal of the statement in paragraph 4 of the counter-affidavit that both clerks and stenographers belong to Class III ministerial service. The Pay Commission's observations as to the difference in the nature of their work have no legal force but only matters for consideration of the administrative authorities. The Petitioner may carry on its activities at that level so long as they are not convinced, but this Court cannot interfere under Article 226 unless some legal right is infringed. So long as such legal right is not established there is no question of a violation of Article 14 or 16 either. 18. The Rule is accordingly dischar ..... X X X X Extracts X X X X X X X X Extracts X X X X
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