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23. Mr. Gopalan submitted that the issue here was one of policy, and therefore, the Court should not to interfere. It was his submission that the norm of 30 per cent of the non gazetted staff being members of the Union seeking recognition remains unaltered and that the mode of ascertainment of the actual number of members has only been clarified and specified in the impugned letter. It was also his submission that reliance placed on the annual returns filed before a statutory authority was not in any way arbitrary or irrational and that in fact such returns had been the basis for determining the eligibility of the presently recognised unions. Counsel also submitted that any other mode of ascertainment/verification such as secret ballot or check off system would be time consuming, expensive, and would lead to friction and labour unrest.

38. Under the Central Civil Service (Recognition of Service Association) Rules, 1993, which applies to all Service associations of Central Government employees including civilian employees in defence services, but not to industrial employees of Ministry of Railways and workers employed in Defence Installations of Ministry of Defence, as provided in Rule 5(d)(i) the association seeking recognition should represent at least 35 per cent of the employees. A second association may however be recognised, if it has the second highest membership with not less than 15 per cent of the employees as it's members. Rule 7 provides that verification of membership for purpose of recognition as a Service Association shall be done by the 'check off system in pay rolls'. Para 2.4 of the clarification issued in the O.M. dated 3 1.01.1994 provides that under the check off system the Government Servant may subscribe to only one association."

39. The Check Off system under which the employer at the request of individual employee deducts from his salary or wages his subscription to the union of which he is a member, is an easy system of verifying the membership of the union, if all workers avail of it. Though in the course of hearing of this appeal we had suggested to the Railway Board and to the Union that they consider the adoption of that system, the Railway Board as also one of the national federation of it's workmen, and several other unions were not in favour of adopting that system.

41. The Court, in that case, in the course of it's order observed, "The check off system which once prevailed in this domain has lost it's appeal, and so, efforts are on to find out which system can foot the bill. The method of secret ballot is being gradually accepted." The Railway Board however has refused to accept that method on the ground that it cannot afford the cost of organising and holding such a ballot. Though the appellant union and the federation to which it is affiliated are willing to adopt that method, the non recognised unions are willing to consider that method only if recognition is first withdrawn for the presently recognised unions to create a level playing field. The other recognised federation is not in favour of holding a secret ballot.