Trade unions: India

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The right to form trade unions

Government servants have a right

May 28, 2023: The Times of India

New Delhi : The Delhi HC held that government servants cannot be excluded from the fundamental right to form an association, union or cooperative society, even though government recognition of such associations may not be a fundamental right.


“The primary objective of the Central Civil Services (Recognition of Service Association) Rules, 1993, is of granting recognition to any Service Association, in order to encourage legitimate union activities for enabling the negotiations by the representative body, if so required and maintenance of harmo-nious relationship between the government and employees. The government servants cannot be excluded from the protection of the rights guaranteed by the Constitution though the duties, which they may discharge as a public servant might involve restrictions of freedom in terms of Article 19 of the Constitution. By virtue of Article 19(1)(c) of the Indian Constitution, the right to form Association is a fundamental right even though the recognition of such Associations by the government may not be a fundamental right (sic),” said the division bench of Justices V Kameswar Rao and Anoop Kumar Mendiratta.