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of <h1>Union challenges Govt Order & Corporation Notification, deemed invalid. Appeals dismissed, decisions upheld.</h1> The Union had the locus standi to challenge the Government Order dated 10th September 1993 and the Corporation's Notification on 21st September 1993. The ... - Issues Involved:1. Locus standi of the Union to maintain the writ petition and present proceedings.2. Legality and validity of the Government Order dated 10th September 1993.3. Legality and validity of the Notification issued by the Corporation on 21st September 1993.4. Final order.Detailed Analysis:Point No. 1: Locus Standi of the UnionThe Union was recognized as the sole bargaining agent for its members by the Corporation's order dated 24th December 1987, and this recognition continued through subsequent referendums. The Union had the locus standi to challenge the Government Order dated 10th September 1993 and the Corporation's Notification on 21st September 1993. The question of locus standi was not raised before the Single Judge or the Division Bench, and it was not contested that the Union lost its recognition. Therefore, the Union's locus standi is affirmed.Point No. 2: Legality and Validity of the Government Order dated 10th September 1993The Pay Roll Check-off Facility was granted to the Union under a binding settlement dated 28th July 1988. The Memorandum of Understanding dated 10th May 1993 did not address the Pay Roll Check-off Facility. Paragraph 24 of the Memorandum did not cover the facility, and the Government Order dated 10th September 1993, which included Condition No. 2 regarding the withdrawal of the Pay Roll Check-off Facility, was uncalled for. The Government Order was based on a misunderstanding that it was required to approve the facility, which was already covered by the binding settlement of 1988. Therefore, the Government Order dated 10th September 1993 was neither legal nor valid.Point No. 3: Legality and Validity of the Notification issued by the Corporation on 21st September 1993The Notification dated 21st September 1993 was based on the Government Order dated 10th September 1993, which was found to be uncalled for and inoperative. The Pay Roll Check-off Facility granted under the settlement of 28th July 1988 was binding, and the unilateral termination of this facility by the Corporation's Notification was not in compliance with Section 19(2) of the Industrial Disputes Act. The Corporation's Notification was also not a proper notice under Section 19(2) and, therefore, was invalid.Point No. 4: Final OrderThe appeals are dismissed, and the decisions of the learned Single Judge and the Division Bench are upheld. The question of the applicability of Section 34 of the Corporation Act to the Government Order of 10th September 1993 is kept open for future consideration. There is no order as to costs.
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