Associations Of Employees Can Approach Administrative Tribunals Provided They Give List Of Members: Kerala HC
|The Kerala High Court has clarified that petitions by associations of employees are maintainable before Administrative Tribunals.
The Court was hearing an Original Petition raising a question on the maintainability of an application by an association before the Kerala Administrative Tribunal. The Tribunal had held that the application was not maintainable since it was filed by an association.
A Division Bench of Justice A. Muhamed Mustaque and Justice P.M. Manoj said, "...[I]f there is more than one person, all of them can join in one petition through an association to maintain the original petition. But in that process, the individuals list will have to be furnished."
Advocate P. Reji Kumar appeared for the petitioners; Senior Government Pleader A.J. Varghese appeared for the State of Kerala.
The Court noted that the term 'person' in Section 19 of the Administrative Tribunals Act,1985 includes an association as well and the same term defined under Section 3(42) of the General Clauses Act, 1897 includes an association or body of individuals.
Section 19 of the Administrative Tribunals Act says that a person aggrieved by any Order pertaining to any matter within the jurisdiction of a Tribunal may make an application to the Tribunal for the redressal of his grievance. Section 20 states that the Tribunal shall not ordinarily admit an application unless it is satisfied that the applicant had availed of all the remedies available to him under the relevant service rules as to redressal of grievances.
The Court said a combined reading of the two provisions "clearly indicates that the individuals' grievances alone can be taken up before the Tribunal."
The Court noted that a Division Bench of the same Court had a transfer order passed in violation of executive order can only be challenged by the aggrieved person and not by the association.
"We also endorse the view regarding transfer orders, the aggrieved individuals will have to challenge such orders individually. However, we note that if there are numerous individuals, nothing prevents the individuals from espousing their cause through an association, as the association also can be deemed as aggrieved." the Court said.
Filing an Original Application on behalf of members of an association may arise from two circumstances, the Court said. Either in cases where an association espouses individual grievances of members or by espousing the common grievances of members or an association. "In both scenarios, the application is maintainable."
"However," the Court said, adding caveats, "in respect of the first ground, the list of aggrieved will have to be furnished before the Tribunal. In the second scenario, there is no such situation as the association is espousing the common grievances of its members. The second scenario may arise in cases like challenging the Rules or any other transfer norms etc, where there may not be identical individuals but the challenge would be in respect of Rules or norms as the case may be."
It was observed that the Tribunal had "blindly followed" the Kerala High Court's Judgment where it was held that in a case of transfer, an application by an association is not maintainable before the Tribunal without there being an individual.
With regard to the present case, the Court said the relief sought by them, which was to be represented as an association before the Tribunal, was "legally sustainable."
The Court clarified that it had not remarked upon the merits of the case. "The maintainability of the petition has to be distinguished from the entitlement for the reliefs to which the applicant is entitled, which is a matter to be considered on its merits."
Kerala State Government Ayurveda Medical Officers' Association v. State Of Kerala [2024:KER:80500]
Appearance:
Petitioner: Advocates R.Reji Kumar and P.R.Jayakrishnan
Respondent: Senior Government Pleader A.J. Varghese
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