A bench of Justices V Kameswar Rao and Anoop Kumar Mendiratta also opined that the primary object of the Central Civil Services (Recognition of Service Associations) Rules is to recognise any service association to encourage legitimate union activities for enabling negotiations and maintaining a harmonious relationship between the government and its employees.
“The government servants cannot be excluded from the protection of the rights guaranteed by part III of 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 of India. By virtue of Article 19(1)(c) of the Constitution of India, the right to form Association or Union or Cooperative Societies is a fundamental right even though the recognition of such associations by the government may not be a fundamental right,” the judgment said.
Source: Barandbench
