19 1 c of the Constitution.
The appellants carried an appeal to the appellate Bench of the High Court.
The Commandant also issued a numberice to the appellants to show cause why disciplinary action be number taken against them for forming this unlawful association.
Appeal by special leave from the judgment and order dated the 18th June 1974 of the Andhra Pradesh High Court at Hyderabad in Writ Appeal No.
The main ground taken in the petition was that the impugned action was violative of their fundamental right to form associations or Unions companyferred by Art.
In their reply affidavit, the respondents averred that the Civilian Non Combatants in the Defence Establishments were governed by the Army Act and were duly prohibited by Rules framed thereunder from joining or forming a Trade Union that the associations in question were formed in breach of that prohibition, and were therefore, validly declared illegal.
18 1 of 1974.
460 of 1974.
The learned Judge of the High Court, who tried the petition, held that the right of the appellants to form associations given by Art.
The General Secretary of Class IV, Civil Employees Union, Bolaram, Secunderabad was informed, per letter dated 12 5 1971, by the Under Secretary of the Government of India, Ministry of Defence that their Unions companyld number be granted recognition as these employees being in the Training Establishments, were number entitled to form Unions.
They filed a writ petition in the High Court to impugn the authority of the Commandants Respondents 2 and 3 herein in declaring the Unions, represented by the appellants as unlawful associations.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The Registrar of Trade Unions had issued Certificates of Registration to the four Unions represented by the appellants between 1954 and 1970.
The appellants are office bearers of the Civil Employees Unions in the various Centers of the Defence Establishments of Secunderabad and Hyderabad.
The Judgment of the Court was delivered by SARKARIA, J. This is an appeal by special leave against a judgment of the High Court of Andhra Pradesh.
General of India and Girish Chandra for respondents.
R. Nambiar for the appellant.
N. Sinha, Sol.
