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Note:The term 'industrial employees' includes Railway servants.

There is a prefatory note in this volume dated 1st September, 1940 by order of the Railway Board, which indicates that the Rules contained in this Code have been made by the Governor General in Council under Sub-section (2) of Section 241 of the Government of India Act, 1935, in super session of all pre-existing rules relating to the same matters which are published in this Code under his authority. They govern the conditions of service of Railway servants who are subject to the rule-making control of the Governor General in Council. This volume has since been revised and we, have the Indian Railway Establishment Code' Volume I, revised edition, published in 1959. There is also a prefatory note in this volume which shows that this has now been revised to incorporate all amendments issued up to 31st March, 1959, and is issued by the President in exercise of the powers conferred on him by the proviso to Article 309 of the Constitution of India. The note further contains in para 3 of the Appendices II, IIA, III, VI, XIII, XIIIA and XXIV of the 1951 Edition (Reprint) which have been embodied in the Indian Railway Establishment Manual, which is being issued separately. The Indian Railway Establishment Manual, Second Edition, which is produced before us, contains Chapter XXXVI providing rules for the recognition of service associations of Railway servants, Part A whereof materially corresponds to Part A of Appendix XIII and Part B providing for rules for the recognition of associations of non-gazetted Railway servants corresponding to Part B of Appendix XIII of the Indian Railway Establishment Code Vol. I, 1951.

6. It is contended by the learned Advocate General that the rules for the recognition of service association of Railway servants in Chapter XXXVI are merely administrative orders and they have no statutory force. He further submits that the fact that the Indian Railway Establishment Code, Vol. I, 1959 Edition, does not contain Appendix XIII, which is the predecessor of Chapter XXXVI, goes to reinforce his submission. In order to appreciate the contention raised by the learned Advocate General we hive only to refer to Appendix XII (Concordance) in the Indian Railway Establishment Manual (Second Edition). This Appendix gives out the Concordance showing the authority for the paragraphs occurring in various chapters of the Indian Railway Establishment Manual. At page 45 of the Appendix in the first column, paragraphs 3601 to 3612 have been mentioned and the authority for these rules in Chapter XXXVI is given in the second column where there is reference to the rules in Part A, Part B and Part C of the Indian Railway Establishment Code, 1951 (Reprint Edition). To make a precise reference to the particular rules which are now being considered, Rules 3601 to 3612 derive authority from Rules 1 to 3, Part B of Appendix XIII-RI, (1951-Rcprint) and Railway Board's letter No. E(L) 62 ASI-1 dated 7th March, 1963 and Case No. E56 (Manual) 1/XXXVI. It is not urged by the learned Advocate General that Appendix XIII, which finds place in the 1951 Code, has no statutory force and indeed he cannot urge that in view of the prefatory note appearing in the Code itself. It is not pointed out that these appendices have been repealed. As a matter of fact, Appendix XVIII (Concordance) appearing in the Indian Railway Establishment Code, 1959 Edition, showing the Rules in this edition and the corresponding Rules in the 1951 Code, Vol. 1, or other authorities on which each rule is made, clearly shows at page 341 a reference to Appendix XIII and XIIIA and in the remarks column it is mentioned that these provisions are included in the Indian Railway Establishment Manual, and we have already seen Appendix XII in the Indian Railway Establishment Manual showing the relevant Concordance. We are, therefore, clearly of the opinion that the rules in Appendix XIII, which now find place in Chapter XXXVI of the Indian Railway Establishment Manual, have statutory force. They were previously framed under Sub-section (2) of Section 241 of the Government of India Act, 1935 and after the commencement of the Constitution, under Article 309 of the Constitution of India.