Full Judgment Text
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 796 OF 2009
(@SPECIAL LEAVE PETITION (CIVIL)NO.26608 OF 2005)
HARYANA JUDL.COURT EMPLOYEES ASSOCIATION(REGD.) Appellant(s)
VERSUS
PUNJAB & HARYANA H.C.THR.ITS REGISTRAR Respondent(s)
O R D E R
Leave granted.
2. The appellant is an association of members working in various
courts in the State of Haryana. The members include the subordinate staff
of the various district courts and the Court of Civil Judge,Senior Division and
Junior Division. The association has filed an application for recognition of
their association by the High Court. The appellant association has filed a
writ petition before the High Court and the High Court, by the impugned
judgment, rejected the same on the ground that there was no provision of
law to give recognition to such an organisation.
3. Heard learned counsel for the appellant. The respondent is not
present when the matter was called.
4. Learned counsel for the appellant pointed out that there is no
law which prohibits the forming of an association or giving recognition to
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such an association. It was argued
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that this recognition is only for the purpose of giving their representation.
We do not find anything wrong in the High Court giving such recognition to
this association and the High Court, if necessary, may also frame some
regulations in this regard. The association is entitled to act as a
representative body for the members of the staff. The High Court may give
recognition to the association only for the purpose of giving any
representation.
5. The appeal is disposed of accordingly. No costs.
...............CJI.
(K.G. BALAKRISHNAN)
.................J.
(P. SATHASIVAM)
NEW DELHI;
FEBRUARY 6, 2009.