ALL INDIA POSTAL EMPLOYEES UNION AND ANR vs UNION OF INDIA AND ORS

IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
APPELLATE SIDE
Present:
The Hon’ble Justice Shampa Dutt (Paul)

WPA 8899 of 2026

All India Postal Employees Union & Anr.
Vs
Union of India & Ors.


For the petitioners : Mr. Saptanshu Basu, ld. Sr. Adv.
Mr. Swarup Paul,
Mr. Guru Saday Dutta,
Mr. Anish Roy.


For the respondent Nos. 1 to 4 : Mr. Srijib Chakraborty,
Mr. Amarendra Chakraborty.



Judgment reserved on : 05.05.2026
Judgment delivered on : 05.05.2026
Shampa Dutt (Paul), J.:

1. The writ application has been preferred challenging an order dated
th
19 March, 2026, praying for direction upon the respondent
authorities to extend the limited trade union facilities to the
petitioners in terms of the solemn order dated 06.12.2025 of the
Hon'ble High Court of Jharkhand at Ranchi in W.P.(C) No.3395 of
2023 (All India Postal Employees Union Group 'C'-Vs- UOI & Ors.)

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by quashing the said office order dated 19th March, 2026, issued
by the Assistant Director General (SR & Legal), SR Sections.
th
2. Vide the impugned order dated 19 March, 2026, the said
authority being the respondent no. 3 herein has directed as
follows:-
“ To
All Heads of Postal Circles/Regions.

Subject: Communication with de-recognized
Federation/ Association - NFPE and AIPEU
Group 'C'-reg.

Madam/ Sir,
The undersigned is directed to refer to
letter no. SR-10/7/2022-SR-DoP dated
(copy enclosed
26.04.2023 ) whereby National
Federation of Postal Employees and All India
Postal Employees Union Group 'C' were de-
recognized.
2. It has come to notice that some Circles and
some Divisions of the Directorate are continuing
correspondence with AIPEU Group 'C'. The issue
was also raised in recently held periodic meeting.
3. Therefore, all Circles and Divisions are
requested that no correspondence be made with
NFPE or AIPEU Group 'C'.
4. Non-compliance of these instructions shall be
viewed seriously.

Encl: As above.

Yours faithfully

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Assistant Director General (SR & Legal)
Date: 19-03-2026”

3. Learned counsel for the petitioners submits that admittedly their
recognition has been withdrawn and they have not challenged the
said order withdrawing recognition, but they intend to pray for
recognition of their Union within the specific period and time and
in the interim the petitioner prays that Trade Union facilities as
extended to other de-recognised Trade Unions be also extended to
the petitioners herein.
4. It is further submitted by Mr. Basu, learned senior counsel for the
rd
petitioner that vide an order dated 3 June, 2015, the respondent
no. 2 being the Director (SR & Legal), Department of Posts,
Government of India has extended such facility to the Federation
and its affiliated Unions which also did not have recognition. The
content of the said letter is as follows :-
“Subject: Trade Union Facilities by Bhartiya Postal
Employees Federation and its affiliated Unions .

In supersession of all orders instructions of even
number dated 24/06/2014, 25/07/2014, 30/09/2014,
09/01/2015 and 11/05/2015 on the above subject, it is
clarified that it has been decided to extend the
following Trade Union Facilities to the Bhartiya
Postal Employees Federation and its affiliated
unions:-
(i) Channel of communication;

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(ii) Meetings with senior officers, viz., Circle, Regional
and Divisional Heads & issue of replies on the items
discussed.
(iii) Office accommodation subject to availability.
Though the facility of Special Casual Leave will not
be granted, the office bearers of the BPEF and its
affiliated unions may be relieved to attend meetings,
timely.
This issues with the approval of competent
authority

(Arun Malik)
Director (SR & Legal)”

st
5. Vide another letter dated 21 June, 2021 further Trade Unions
facilities have been extended to the said federation and its affiliated
rd
Unions. Vide another letter dated 23 March, 2018 a general
circular was issued by the respondent no. 3 herein being the
Assistant Director General (SR & Legal). Further Trade Union
facility that is „meetings with senior officers, viz., Circle Regional
and Divisional Heads” & issue of replies on the items discussed in
many circle was extended to the said federation and its affiliated
th
Unions. Finally by another letter dated 19 September, 2019 that
limited Trade Union facilities provided to Bharatiya Postal
Employees Federation and its affiliated Unions would be
continued until further orders.

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6. It appears that Bharatiya Postal Employees Federation and its
affiliated Unions do not possess any recognition, as in the case of
the petitioners herein.
th
7. It appears that vide the impugned order dated 19 March, 2026
the respondent no.3 has communicated to all heads of postal
circles/regions in respect of communication with de-recognized
federation / association NEPE or AIPEU Group „C‟. It is on the
basis of being de-recognised that the said authority directed all
circles and divisions that no correspondence was to be made with
the said Unions NFPE or AIPEU Group „C‟.
8. Mr. Basu has relied upon the judgment of this Court passed in
WPA 12853 of 2023 (Asit Bangabash & Others vs. Union of
India & Ors.) delivered on 19.11.2025 and WPA 1334 of 2024
(All India Postal Employees Union Group-C & Anr. vs. Union of
India & Ors.), delivered on 23.03.2026. In the said judgments
this Court has discussed the effect of such withdrawal of
recognition as done by the authorities concerned, which includes
the authority who has issued the impugned order in this case. The
said judgments are applicable in this case in respect of the issue of
recognition of the Union and the facilities extended to them.
9. Mr. Chakraborty learned counsel appearing for the respondents
submits firstly that it is the prerogative of the respondent herein as
to whom they will communicate with and whom they will not
communicate and, as such, the petitioners cannot claim parity
with the other Unions.

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10. The next contention of the respondent is that the petitioners
should have impleaded the other de-recognised Union being
Bharatiya Postal Employees Federation as a party in this case.
11. On hearing the learned counsels for the parties and on perusal of
the materials on record, it appears that Bharatiya Postal
Employees Federation and its affiliated Unions are not necessary
party in this case considering that no relief has been prayed for
against them. The communications are final documents and are on
affidavit. It thus appears that one Union /one federation and its
affiliated Unions admittedly de-recognised enjoy several Trade
Union facilities.
12. Considering that the petitioner Unions stands on the same
th
footing, as the BPEF the impugned order dated 19 March, 2026,
issued by the Assistant Director General (SR & Legal), Department
of Posts, Government of India, shows bias towards the petitioner
Union and, as such, there has been clear violation of principle of
natural justice and abuse of the process of law in this case.
13. Considering the conduct of the authority concerned in respect of
two separate/different de-recognised Unions, this Court finds that
the said order suffers from inherent biasness and in the interest of
justice cannot be allowed to remain, the same being an abuse of
the process of law.
th
14. Accordingly, the impugned order dated 19 March, 2026 is
hereby by quashed and set aside.

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15. The respondent authorities are directed to extend Trade Unions
facilities to the writ petitioners herein as provided to the other de-
recognised union/federation and its affiliated Unions being the
Bharatiya Postal Employees Federation.
16. Writ application stands disposed of.
17. Connected application, if any, stands disposed of.

18. Urgent Photostat certified copy of this judgment, if applied for, be
supplied to the parties expeditiously after due compliance.


(Shampa Dutt (Paul), J.)