HC strikes down NEEPCO rule

SHILLONG, Dec 1: The High Court of Meghalaya on Thursday struck down a NEEPCO order that prevented its employees from joining trade unions or participating in activities pertaining to a workers’ union stating that it was a violation of Article 19 (1) (c) which allows formation of associations or unions.
The workers union of NEEPCO had cried foul over Sub-Rule (iii) in Rule 8 of the Conduct Discipline and Appeal (CDA) Rules, 1980, governing al employees, which was inserted by NEEPCO by an office order dated April 22, 2021.
The sub-rule stipulated that no employees to whom the said Rules apply shall seek membership of any registered trade union or indulge in trade union activities.
The union assailed the sub rule stating that it suppresses their fundamental rights guaranteed under the Constitution of India, and as such prayed for setting aside and quashing the “impugned” sub-rule.
The court in its judgment said that “the CDA Rules are not statutory rules, and this position is undisputed as the power to make bye laws is conferred by the Memorandum and Articles of Associations of the Company upon the Board. However, it cannot be said that the protection of Article 19 (1) (c) will not be available to the Supervisory staff, who though may be restricted from joining the workers union however, cannot be deprived of the right of forming and becoming members of their own trade union. The object of the classification and restriction though finding approval by this Court, however the text of Rule 8 (iii) which conveys otherwise is found to offend Article 19 (1) (c) and as such it is struck down.”