ivil Appeal No 18 1 of 1974
Appeal by special leave from the judgment and order dated the 18th June 1974 of the Andhra Pradesh High Court at Hyderabad in Writ Appeal No 460 of 1974
K R Nambiar for the appellant
L N Sinha Sol
General of India and Girish Chandra for respondents
The Judgment of the Court was delivered by SARKARIA J
This is an appeal by special leave against a judgment of the High Court of Andhra Pradesh
The appellants are office bearers of the Civil Employees Unions in the various Centers of the Defence Establishments of Secunderabad and Hyderabad
They filed a writ petition in the High Court to impugn the authority of the Commandants Respondents 2 and 3 herein in declaring the Unions represented by the appellants as unlawful associations
The Registrar of Trade Unions had issued Certificates of Registration to the four Unions represented by the appellants between 1954 and 1970
The General Secretary of Class IV Civil Employees Union Bolaram Secunderabad was informed per letter dated 770 12 5 1971 by the Under Secretary of the Government of India Ministry of Defence that their Unions could not be granted recognition as these employees being in the Training Establishments were not entitled to form Unions
The Commandant also issued a notice to the appellants to show cause why disciplinary action be not taken against them for forming this unlawful association
The main ground taken in the petition was that the impugned action was violative of their fundamental right to form associations or Unions conferred by article 191c of the Constitution
In their reply affidavit the respondents averred that the Civilian Non Combatants in the Defence Establishments were governed by the and were duly prohibited by Rules framed thereunder from joining or forming a Trade Union that the associations in question were formed in breach of that prohibition and were therefore validly declared illegal
The learned Judge of the High Court who tried the petition held that the right of the appellants to form associations given by article 191 c of the Constitution had been lawfully taken away
He accordingly dismissed the petition
The appellants carried an appeal to the appellate Bench of the High Court
The Bench dismissed the appeal holding that the impugnea action was not without jurisdiction
The main contention of Mr K R Nambiyar appearing for the appellants is that the members of the Unions represented by the appellants though attached to the Defence Establishments are civilians  designated as Non Combatants Un Enrolled
They include cooks chowkidars laskars barbers carpenters mechanics boot makers tailors etc
They are governed by the Civil Service Regulations for purposes of discipline leave pay etc
and are also eligible to serve upto the age of 60 years unlike that of the members of the Armed Forces
In view of these admitted facts proceeds the argument these categories of civilian employees attached to the Defence Establishments could not be validly called members of the Armed Forces covered by article 33 of the Constitution
The points sought to be made out are that the members of the appellants  Unions are not subject to the as they do not fall under any of the categories enumerated in sub clauses a to i of section 2 of the  and that the impugned notifications are ultra vires the and are struck by articles 191c and 33 of the Constitution
For reasons that follow the contentions must be repelled
Article 33 of the Constitution provides an exception to the pre ceding Articles in Part III including article 191 c
By Article 33 Parliament is empowered to enact law determining to what extent any of the rights conferred by Part III shall in their application to the members of the Armed Forces or Forces charged with the main tenance of public order be restricted or abrogated so as to ensure 771 the proper discharge of their duties and the maintenance of discipline among them
In enacting the  in so far as it restricts or abrogates any of the fundamental rights of the members of the Armed Forces Parliament derives its competence from Art33 of the Constitution
Section 21 of the Act enumerates the persons who are subject to the operation of this Act
According to sub clause i of this section persons governed by the Act include persons not otherwise subject to military law who on active service in camp on the march or at any frontier post specified by the Central Government by notification in this behalf are employed by or are in the service of or are followers of or accompany any portion of the regular army
 The members of the Unions represented by the appellants fall within this category
It is their duty to follow or accompany the Armed personnel on active service or in camp or on the march
Although they are non combatants and are in some matters governed by the Civil Service Regulations yet they are integral to the Armed Forces
They answer the description of the members of the Armed Forces within the contemplation of article 33
Consequently by virtue of section 21 of the  the Central Government was competent by notification to make rules restricting or curtailing their fundamental rights under article 191 c
Rule 19ii of the Army Rules 1954 imposes a restriction on the fundamental rights in these terms
No persons subject to the Act shall without the express sanction of the Central Government i xx xx xx ii be a member of or be associated in any way with any trade union or labour union or any class of trade or labour unions  In exercise of its powers under s4 of the Defence of India Act the Government of India has by notification dated 11 2 1972 provided that all persons not being members of the Armed Forces of the Union who are attached to or employed with or following the regular Army shall be subject to the military law
The  has also been made applicable to them
By another notification dated 23 2 1972 issued under r79 of the Army Rules civilian employees of the training establishments and Military Hospitals have been taken out of the purview of the Industrial Disputes Act
Section 9 of the further empowers the Central Government to declare by notification persons not covered by section i of section 3 also as persons on active service
772 In view of these notifications issued under s4 of the Defence of India Act and the Army Rules the appellants can no longer claim any fundamental right under article 19 1 c of the Constitution
The appeal fails and is dismissed
There will be no order as to costs


Summary:
On the question whether civilian employees of Defence Establishments have the right to form trade unions under Art 191 c of the Constitution  HELD Article 33 of the Constitution provides an exception to the Preceding Articles in Part III including Act
191c
By article 33 Parliament is empowered to enact law determining to what extent any of the rights conferred by Part III shall
in their application to the members of the armed forces or forces charged with the maintenance of public order be restricted or abrogated so as to ensure the proper discharge of their duties and the maintenance of discipline among them
770GH 771A By virtue of section 2l of the  the Central Government was competent to make rules restricting or curtailing the Fundamental Rights of civilian employees of Defence Establishments to form trade unions under article 191c of the Constitution
Although they are non combatants and are in some matters governed by the civil service regulations yet they ar integral to the armed forces
They answer the description of the members of the armed forces within the contemplation of article 33
771 B D