OUS KUTILINGAL ACHUDAN NAIR AND ORS versus UNION OF INDIA & ORS.

OUS KUTILINGAL ACHUDAN NAIR AND ORS versus UNION OF INDIA & ORS.

Civilian employees of Defence Establishments, though non-combatants, are governed by the Army Act and are considered members of the armed forces under Article 33. Therefore, by virtue of specific statutory provisions and government notifications, their fundamental right to form trade unions under Article 19(1)(c) can be lawfully restricted or abrogated for the proper discharge of duties and maintenance of discipline among them.

Parties
Appellants: OUS Kutilingal Achudan Nair and Ors; Respondents: Union of India & Ors
Jurisdiction
India
Judgment Date
20 November 1975
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Andhra Pradesh High Court Judgment and Order Dated 18th June 1974 in Writ Appeal No. 460 of 1974
Outcome
Appeal dismissed
Legal Topics
Right to Form Trade Unions, Scope of Article 33 of the Constitution, Application of Army Act to Civilian Employees
Constitutional Law Labour Law Military Law Right to Form Trade Unions Scope of Article 33 of the Constitution Application of Army Act to Civilian Employees

Case Brief

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Parties

OUS Kutilingal Achudan Nair and Ors

Appellants

Union of India & Ors

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Andhra Pradesh High Court Judgment and Order Dated 18th June 1974 in Writ Appeal No. 460 of 1974

Legal Issues

  1. 1 Whether civilian employees of Defence Establishments have the right to form trade unions under Article 19(1)(c) of the Constitution
  2. 2 Whether such rights can be restricted or abrogated by law under Article 33 for persons subject to the Army Act

Ratio Decidendi

Civilian employees of Defence Establishments, though non-combatants, are governed by the Army Act and are considered members of the armed forces under Article 33. Therefore, by virtue of specific statutory provisions and government notifications, their fundamental right to form trade unions under Article 19(1)(c) can be lawfully restricted or abrogated for the proper discharge of duties and maintenance of discipline among them.

Court Disposition

Appeal dismissed

Orders

  • There will be no order as to costs