Central Administrative Tribunal - Delhi
Asociation Of Radion And Tv Engg ... vs M/O Information And Broadcasting on 8 July, 2024
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Item No.38 (C-2) O.A. No. 1982/2017
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
O.A. No.1982/2017
This the 8th day of July, 2024
Hon'ble Mr. R. N. Singh, Member (J)
Hon'ble Dr. Chhabilendra Roul, Member (A)
1. Association of Radio and TV Engg. Employees (ARTEE),
Room No. 134, Doordarshan Bhawan,
New Delhi-110001.
Through its President,
Umesh Chandra, President, Age 56,
S/o Sh. Abhay Ram Sharma,
G-119, Sanjay Nagar, Sec-23, Ghaziabad-201002.
2. Programme Staff Association (PSA),
Through Sh. Dashrath Prasad, Age 51 Years.
Executive Vice President,
406, Akashwani Bhawan, Sansad Marg,
New Delhi - 110001.
3. Akashwani and Doordarshan Technica!
Employee Association, (ADTEA).
Through its President, Shyamvir Singh,
S/o Netra Pal Singh,
R/o Type III/227, Kamla Nehru Nagar,
Ghaziabad-201002.
4. Sh. L.R. Gupta,
Member. ARTEE, 55 Yis.
S/o Sh. Badri Prashad Gupta,
Working as Sr.Engg.Asstt.
In DDK Delhi
C-1/129 B, Keshav Puram,
Delhi - 110035.
5. Arun Kumar Sah, Age 48 yrs.
Member, Programme Staff Association (PSA),
S/o Sh. Sanatan Sah,
Working as PEX. In Akashwani
r/o T-253, Prem Nagar,
Uttam Nagar, Near Jain Sthanak,
New Delhi - 110059.
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Item No.38 (C-2) O.A. No. 1982/2017
6. Sh. Athar Abbas, Age 55 yrs.
Member, ADTEA
S/o Sh. Mahmood Raza, Working as S. Technician
In Tech DDK, DELHI,
r/o 9 A, Gafoor Nagar, Jamia, Okhla,
New Deihi - 110025.
... Applicants
(By Advocate:- Mr. Yogesh Sharma)
Versus
1. Union of India
Through the Secretary
Ministry of Information & Broadcasting
6h Floor, Shastri Bhawan,
New Delhi-110001.
2. Prasar Bharati Broadcasting Corporation,
Through its Chief Executive Officer,
Phase-III, Doordarshan Bhawan,
Copernicus Marg,
New Delhi-110001.
3. Director General,
All India Radio,
Akashwani Bhawan,
Parliament Street,
New Delhi- 110001.
4. Director General,
Doordarshan,
Doordarshan Bhawan,
Copernicus Marg,
Mandi House,
New Delhi. - 110001.
... Respondents
(By Advocate:- Ms. Komal Rani for Mr. D S Mahendru and
Mr. S M Arif)
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Item No.38 (C-2) O.A. No. 1982/2017
O R D E R (ORAL)
By Hon'ble Mr. R. N. Singh, Member (J) In the present O.A. filed under Section 19 of the Administrative Tribunals Act, 1985, the applicants are aggrieved by O.M. dated 21.04.2017 (Annexure A-1) and 02.05.2017 (Annexure A-2) to the extent that the respondents have placed the matter of granting recognition to the applicants' Union/Associations and further stopping the requisite deductions towards RSA subscriptions. The applicants have prayed for the following relief(s) in the present O.A.:-
"(i) That the Hon'ble Tribunal may further graciously be pleased to pass an order of quashing the impugned orders date 21.4.2017(Annex.A/1) and 02.5.2017 (Annex. A/2), declaring to the effect that the same are illegal, arbitrary, against the rules and against the principle of natural justice and therefore, the applicants are entitled relief so that they can function to protect the welfare cause of Employees.
(ii) To direct the Respondents to conduct Re Verification on the basis of data of RSA Deductions already available with them and grant fresh recognition to the Applicant Associations as per relevant Rules as done in case of WPC 1101/2007 by Hon'ble High Court Delhi by CPWD Engineers Associations vs. Union of India.
(iii) Any other relief which the Hon'ble Tribunal deem fit and proper may also be granted to the applicant along with the costs of litigation."
2. The impugned O.M. dated 21.04.2017, reads as under:-
"Subject:- Recognition of Association of Prasar Bharati/All India Radio under CCS (Recognition of Service Associations) Rules, 1993....regarding.
The undersigned is directed to refer to Ministry of Information & Broadcasting's letter No. B-12017/1/99-Admn.III (Vol.IV), dated 6th March, 2013 and Prasar Bharati's circular No. Misc1/112/2011-PPC, 4 Item No.38 (C-2) O.A. No. 1982/2017 dated 15.03.2013 vide which 10 Associations of Prasar Bharati were granted recognition under CCS (Recognition of Service Associations) Rules, 1993. As per the said Rules and as clarified by DoPT vide its Office Memorandum No. 3/12/94-JCA, dated 10th March, 1995, the recognition so granted under the rules will remain initially valid for two years from the date of grant of such recognition. As such, the validity granted for this recognition of these said ten Associations of Prasar Bharati ceases to exist till re-verification of their membership is carried out.
2. Since the re-verification process under the said rules has not yet been carried out in respect of these 10 Associations of Prasar Bharati/All India Radio, the recognition of 10 Associations of Prasar Bharati are kept in abeyance till the process of re-verification of membership is over.
3. In view of the above, all the Heads of Office/DDOs of All India Radio are directed not to deduct annual subscription from any member of such Associations till further orders.
4. This issues with the approval of competent authority."
3. Similarly, the other impugned O.M. dated 02.05.2017, reads as under:-
"Subject: Recognition of Association of Prasar Bharati under CCS (RSA) Rules 1993- Regarding.
Attention is invited to Ministry of information and Broadcasting's letter No. B-12017/1/99- Admn III (Vol IV), dated 6th march 2013 and Prasar Bharati's circular No. Misc 1/112/2011-/ PPC dated 15.3.2013 vide which 10 associations of Prasar Bharati were granted recognition under CCS ( Recognition of Service Associations) Rules, 1993. As per the said rules and as clarified by DoP&T vide its O.M. No. 3/12/94/-JCA, dated 10.03.1995, the recognition so granted under the rules will remain initially valid for two years from the date of grant of such recognition. As such, the validity granted for this recognition of these said ten associations of Prasar Bharati ceases to exist till re- verification of their membership is carried out.
2. since the re- verification process under the aid rules has not yet been carried out in respect of these 10 associations of Prasar Bharati, the recognition of 10 Associations of Prasar Bharati are kept in abeyance till the process of re- verification of membership is over.
3. In view of the above, all the heads of office/DDOs of DDKs/HPTs/DMCs are directed not to deduct annual subscription from any member of such associationa till further orders.
4. This issues with the approval of the competent Authority." 5
Item No.38 (C-2) O.A. No. 1982/2017
4. In opposition to the claim of the applicants, the respondents have filed their reply and the applicants have filed the rejoinder.
5. The factual matrix of the case is not in dispute. It is not in dispute that the reason for non-grant of recognition to the applicants' associations are kept in abeyance vide the impugned O.M.s till the process of re-verification of the members is over. Admittedly, the impugned O.M.s were issued in the months of April and May, 2017. More than 7 years have passed thereafter. Though, by way of reply, claim of applicants' has been contested by the respondents, but even today, it is stated on behalf of the respondents through their learned counsel, Mr. Arif, that the requisite re- verification of the members is still not over.
6. Mr. Arif, learned counsel for the respondents further submits that the O.A. is not maintainable in view of the fact that the various associations have filed the present O.A. jointly and further non-maintainability of the O.A. has been pleaded by him on the ground that the actual number of the members of the associations has not been disclosed in the present O.A. 6 Item No.38 (C-2) O.A. No. 1982/2017
7. In response to such objections raised by Mr. Arif, learned counsel for the respondents, Mr. Sharma, learned counsel for the applicants, submits that apparently the common impugned O.M.s have been issued to all the associations and the cause of action to them is identical, and therefore, the applicants have rightly filed common O.A. with an application seeking permission to file the O.A. jointly. With regard to the objections on behalf of the respondents qua non-disclosure of the number of the members of the associations, Mr. Sharma, learned counsel for the applicants submits that at one hand, the respondents claimed that they have passed the O.M.s for re-verification of the actual membership of the concerned associations and on the other hand, they are raising objections that applicants' associations have not disclosed their actual number of members in the associations.
8. Learned counsel for the applicants argues that such contradictory averments and arguments on behalf of the respondents are not tenable in the eyes of law.
9. We have considered the objections raised by the learned counsel for the respondents. We find admitted position that the impugned O.M.s are common and issued to all the associations. It is also apparent from the impugned 7 Item No.38 (C-2) O.A. No. 1982/2017 O.M.s that the reason for non-grant of recognition to the said associations is kept in abeyance till process of re- verification of members. In view of this, we do not find such objections regarding maintainability of the O.A. to be tenable in law. We further find that on behalf of the respondents, no justification has come as to how the members could not be asserted/re-verified even after lapse of 7 years of issuance of the impugned O.M.s.
10. In view of the aforesaid facts and circumstances, the O.A. is partly allowed with directions to the respondents to conclude, if not already concluded, the re-verification of the membership concerned of the applicants' associations within eight weeks of receipt of a copy of this Order and thereafter pass necessary orders with regard to grant of recognition to the applicants' associations, as expeditiously as possible, and preferably within two weeks of completion of the re- verification of the members.
11. The O.A. stands disposed of in the aforesaid terms. All associated M.A.s shall also stand disposed of accordingly. No costs.
[
(Dr. Chhabilendra Roul) (R. N. Singh)
Member (A) Member (J)
/dhruv/