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4.Subsequently, when respondents 1 to 4 had issued notices regarding checkoff exercise for 2012 on 25.10.2012, the petitioner association sent a letter dated 26.10.2012 to the Chairman of the General Insurers (Public Sector) Association of India, i.e., the 5th respondent, seeking for inclusion of OBC association in the checkoff exercise. It was stated by them that the checkoff exercises were extended to SC/ST association, but the OBC associations were excluded. By the non inclusion of OBC members, they were prejudiced. But, however, impugned notices clearly stated that the notice inviting applications will start from 25.10.2012. The last date for receipt of the request was on 09.11.2012 and the publication of the list of unions / associations eligible for participation in the checkoff facility was on 20.11.2012. The exercise of authorization by all employees /officers on a common date was on 05.12.2012 and counting of letters of authorization at the Head office was from 13.12.2012 to 15.12.2012. The declaration of results was on 17.12.2012. Even before the exercise could be completed, a list of unions and associations in SC/ST welfare groups found eligible for inclusion in the checkoff system was published on 20.11.2012 by respondents 1 to 4 and they were given separate code numbers. It is at this juncture, the petitioner association had obtained the interim stay on 14.12.2012 thereby stalling the process of request made by various trade unions.

"1.The respondent companies follow the guidelines of the Government of India issued from time to time on the subject of the welfare of SC/ST and OBC employees. As per the existing guidelines certain concessions and relaxations are available both at the time of recruitment and after recruitment whist in service for SC/ST employees. As regard OBC persons, certain relaxations/concessions, as per the guidelines of the Government of India currently in force are available only at the time of recruitment. Accordingly, OBC Associations, such as the petitioner, cannot be treated at par with SC/ST Association, who have been included in the check-off exercise in the company.
2.In any case, the employees of the company belonging to OBC, along with other employees, are eligible to choose any of the Trade Unions qualifying in the check-off are expected to represent the interests of their members belonging to OBC also, along with their other members. "

9.In the earlier occasion also, the associations were not allowed to participate in the checkoff system. It is only to identify the representative strength of the union and does not involve the grant of recognition or of any other legal character. The notice issued for calling for applications for checkoff system clearly stipulated conditions. The petitioner association was never called for any periodical meeting. With reference to inclusion of SC/ST association, in paragraph 22 of the counter affidavit, it was averred as follows :

19.If the petitioner's society seeks to function only as a society and compare itself to SC/ST Welfare associations, for whom such facilities are granted, then the classification of giving such facilities to SC/ST associations alone do not suffer from any vice of discrimination. The SC/STs have been discriminated from the society from the time immemorial. The Central Government had issued various circulars to various public sectors to allow representation of such societies to be considered by the employers and also inviting them for discussions in formulating certain policies towards service conditions of employees. The OBC employees which the petitioner society allegedly represented, cannot compare itself with SC/ST employees as they do not face a similar social ostracism and in case of SC/ST employees, they are also otherwise members of the trade union and they will have dual authorization, i.e., to authorise the trade union which represents their interest and also to authorise SC/ST association which will represent their community's interest. The allegation that such a condition is violative of Article 14 is to be rejected outrightly since the classification is a reasonable one.