Calcutta High Court

Authorities cannot discriminatorily deny trade union facilities to de-recognized unions while extending them to similarly situated unions.

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

Calcutta High CourtJUDGMENT: May 05, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioners, All India Postal Employees Union (AIPEU) Group ‘C’, challenged an office order dated 19th March 2026 issued by the Assistant Director General (SR & Legal)

Source reference: para. 1

Following their de-recognition, the respondent authority issued a directive to all Postal Circles and Divisions to cease all correspondence with the National Federation of Postal Employees (NFPE) and the AIPEU Group ‘C’, viewing non-compliance seriously

Source reference: para. 2

The petitioners sought parity with another de-recognised body, the Bhartiya Postal Employees Federation (BPEF), which had been granted limited Trade Union facilities—including channels of communication, meetings with senior officers, and office accommodation—via departmental circulars dated 2015, 2018, and 2019

Source reference: paras. 3-5
02

Issues

1. Whether the respondent authority’s decision to prohibit correspondence with the petitioner union while extending facilities to other similarly situated de-recognised unions is discriminatory and biased.

Source reference: para. 7-12

2. Whether the petitioners are entitled to the same limited Trade Union facilities as extended to the Bhartiya Postal Employees Federation.

Source reference: para. 3 / para. 15
03

Law Applied

The court applied the Constitutional principles of the Right to Equality and the Principle of Natural Justice against arbitrary state action

Source reference: para. 12

The court further integrated precedents from its own jurisdiction, namely Asit Bangabash & Ors. vs. Union of India and All India Postal Employees Union Group -C & Anr. vs. Union of India, which addressed the legal effects of withdrawal of recognition and the subsequent entitlement to facilities

Source reference: para. 8
04

Reasoning

The Court observed that the Bhartiya Postal Employees Federation (BPEF) and its affiliates, despite being de-recognised, continued to enjoy several Trade Union facilities under various departmental orders

Source reference: para. 11

The Court found that the petitioner union stood on the "same footing" as the BPEF

Source reference: para. 12

Consequently, the impugned order dated 19th March 2026, which specifically targeted the petitioners by cutting off communication, demonstrated a "clear bias" and constituted an "abuse of the process of law"

Source reference: paras. 12-13

The Court reasoned that the authorities cannot selectively deny facilities to one de-recognised union while granting them to another, as such conduct violates the interest of justice and the principle of parity

Source reference: para. 13
05

Holding

The Court answered the issues in the affirmative, holding that the impugned order was inherently biased and legally unsustainable

The High Court quashed and set aside the office order dated 19th March 2026

Source reference: para. 14

The respondent authorities were directed to extend the same limited Trade Union facilities to the petitioners as are currently provided to the Bhartiya Postal Employees Federation

Source reference: para. 15

The writ application was disposed of with immediate effect

Source reference: para. 16
Calcutta High Court

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ALL INDIA POSTAL EMPLOYEES UNION AND ANRvsUNION OF INDIA AND ORS

Calcutta High Court · May 05, 2026

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