IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 27177 of 2007 Between: 1 A. Leo Micheal, S/o. A. Micheal, T/F, EC NO. 1569, CFFP(P), Hyderabad. 2 K. Ramulu, S/o.K. Kondaiah, T/B ECNO. 1324 D & W/S, Hyderabad. ..... PETITIONERS AND 1 Nuclear Fuel Complex, Rep by its Chief Executive, Moula Ali, ECIL Post, Hyderabad. 2 The Additional Secretary, Department of Atomic Energy, Anushakti Bhavan, C.S.M. Marg, Mumbai - 400001. 3 The Director, JCA Department of Personal and Training (DOPT), New Delhi. 4 Industrial Relations Officer, NFC, Moula Ali, ECIL Post, Hyderabad. 5 NFC Employees Associates, Rep by its General Secretary, ECIL Post, Hyderabad. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ, direction or order more particularly one in the nature of Writ of Mandamus declaring the Circular Ref.NFC/06-3/IR-2007/214 dated 20-8-2007 of the 4th respondent recognizing the names mentioned therein as office bearers of the 5th respondent Association and consequential action of the 1st respondent approving the said Circular is arbitrary, illegal and contrary to the Circular in Ref.NFC/06-3/IR- 2007/214 dated 20-8-2007. Counsel for the Petitioners: MR.S.R.SANKU & KAVITI MURLI KRISNA Counsel for the Respondent Nos.1 to 4: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) Counsel for the Respondent No.5: MR. V.JAGAPATHI The Court made the following : ORDER: This writ petition has been filed by the petitioners, who are 2 in number, assailing the Circular in Ref.NFC/06-03/IR-2007/214, dated 20.08.2007 issued by the Industrial Relations Officer, NFC, Moula Ali, ECIL-4th respondent. 2. The 1st petitioner claims to the Assistant Secretary and the 2nd petitioner claims to be the Organizing Secretary of the NFC Employees Association. NFC Employees Association, rep. by its General Secretary,ECIL-5th respondent is a recognized Association under the Central Civil Services (RSA) Rules, 1993 and the said recognition subsists for a period of 5 years commencing from 11.01.2007. Elections to the office bearers of the 5th respondent Association came to be held on 08.02.2007. In the said elections, the petitioners claim that 1st petitioner was elected as Assistant Secretary and the 2nd petitioner was elected as Organizing Secretary. Whileso, the 4th respondent issued a Circular dated 20.08.2007, wherein it is stated that in the elections held on 18.08.2007 certain persons have been elected as office bearers. The said Circular dated 20.08.2007 reads as hereunder: “ General Secretary NFCEA has intimated vide his letter dated 18.08.2007 that in the elections held on 18.08.2007 to elect its office bearers, the following employees have been elected to the posts shown against each for a period of 2 years from 18.08.2007. S.No. Post held NameS/Shri Desgn. EC No. Plant 1. President M.B.Vijaykumar Yadav T/F 3876 EFFP 2. Working President M.Nagaiah T/F 1712 EFFP 3. Vice President N.Rajaiah T/F 4133 EPP 4. “ Mohd.Majid LDC 4991 Admn. 5. “ R.Chandrasekhara Rao T/E 4753 CFFP/P 6. “ P.Shankara Reddy T/H 2257 QAF 7. General Secretary R.Chandrashekar T/G 1300 ZFP(I) 8. Asst.Secretary K.Anji Reddy T/E 4177 CFFP/A 9. “ Ch.Raju T/E 4890 ZEP/MachineShop 10. “ B.Roopchand T/D 4872 Meltshop 11. Org.Secretary V.R.Devi Kumar T/G 2979 TRTP 12. “ B.Jayaprakash Rao T/D 5803 NUOFP/O 13. “ B.Purnachander Rao T/E 4979 ZSP 14 “ V.Gopi T/D 5801 NUOFP/O 15. Treasurer K.Bharani Udayar T/D 5955 NUFAP The said Circular is under challenge in this writ petition. 3. Counter-affidavit has been filed by the 5th respondent. R.Chandra Sekhar has sworn to the counter-affidavit. It is stated in the counter affidavit that Rule 6 of the Central Civil Services (Regulation of Service Associations) Rules, 1993 stipulates, inter alia, a condition for continuation of recognition of the Service Association. According to which, every recognized Service Association under the said Rules shall furnish to the management on or before 30th April of every year authorization letters from the employees supporting the recognized association to enable the management to deduct the subscription from 1st July of the year. The General Secretary of the 5th respondent Association has collected more than 1900 authorization letters from the employees supporting the 5th respondent Association and already submitted the same to the 1st respondent-Management. Admittedly, the petitioners are not the elected office bearers of the 5th respondent Association and are not entitled to collect the authorization letters from the employees on behalf of the 5th respondent Association or submit the same to the 1st respondent- Management. It is further stated that the question of the petitioners enjoying confidence from the majority of the members does not arise. 4. Heard learned counsel appearing for the petitioners and learned counsel appearing for the 5th respondent. 5. Learned counsel appearing for the petitioners submits that though the petitioners sought for quashing of the circular, the petitioners confine to the relief of reserving liberty to submit representation to the 1st respondent-Management. 6. Learned counsel appearing for the 5th respondent submits that circular impugned in the writ petition came to be issued consequent to the elections held to the 5th respondent Association. Unless the election of the office bearers of the 5th respondent Association is questioned, the petitioners cannot be entitled to seek any relief. 7. The Circular issued by the 4th respondent has been extracted in the afore said paras of the order. The 4th respondent has intimated the office bearers of the 5th respondent Association under the above circular. Unless the petitioners question the very election of the office bearers of the 5th respondent Association, they cannot have any effective remedy. Therefore, the writ petition is misconceived. 8. Accordingly, the writ petition is dismissed. No costs. ______________________ B.SESHASAYANA REDDY, J. Date:13th August, 2008. cs ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{MSN}