Shillong: The Meghalaya High Court has struck down an order issued by NEEPCO, which prevented its employees from joining trade unions or participating in activities pertaining to a workers’ union.
Barring its employees from joining trade unions, the NEEPCO in an order stated that it was a violation of Article 19 (1) (c) which allows the formation of associations or unions, Shillong Times reported.
“The CDA Rules are not statutory rules, and this position is undisputed as the power to make bye laws is conferred by the Memorandum and Articles of Associations of the Company upon the Board,” the court said.
“However, it cannot be said that the protection of Article 19 (1) (c) will not be available to the Supervisory staff, who though may be restricted from joining the workers union, however, cannot be deprived of the right of forming and becoming members of their own trade union,” the HC order further said.
“The object of the classification and restriction though finding approval by this Court, however, the text of Rule 8 (iii) which conveys otherwise is found to offend Article 19 (1) (c) and as such it is struck down,” the court said.
The workers union of NEEPCO had cried foul over Sub-Rule (iii) in Rule 8 of the Conduct Discipline and Appeal (CDA) Rules, 1980, governing all employees, which was inserted by NEEPCO by an office order dated April 22, 2021.
The union assailed the sub rule stating that it suppresses their fundamental rights guaranteed under the Constitution of India, and as such prayed for setting aside and quashing the “impugned” sub-rule.