enforcement arises and the mere fact that there was no
specific relief sought for to strike down or declare them ultra
vires,
particularly when
the party
in sufferance is a
respondent to the lis or proceedings cannot confer any further
sanctity or authority and validity which is shown and found to
obviously and patently lack.”
I will not strike down the circular. But I can certainly read it down so
that it is in conformity with the law of the land.
The Industrial
Disputes Act, 1947 forbids unfair labour practices. The fifth schedule
to the Act catalogues them. If the employer interferes with, restrains
or coerces workmen in the exercise of their right to organize a trade
union or to engage in concerted activities for the purposes of collective
bargaining or other mutual aid or protection, that amounts to unfair
labour practice. The very purpose of the employees coming together is
to negotiate with the management in respect of their service
conditions. If necessary, the employees will have to even fight with the
management for acceptance of their demands. These are legitimate
activities in a democratic republic. Article 19(1)(a) of the Constitution
of India guarantees freedom of speech and expression. It is of course
subject to reasonable restrictions. A government servant definitely
cannot claim the same extent of right which a private citizen enjoys.
He is governed by Conduct Rules.
7/16
The petitioner is also placed