Meghalaya HC quashes NEEPCO order barring employees from joining trade unions

In a welcoming move, the Meghalaya High Court quashed the North Eastern Electric Power Corporation Limited (NEEPCO)'s order barring its employees from joining any trade unions or participating in activities pertaining to a workers’ union.

Hearing the plea, the judgement stated that it was a violation of Article 19 (1) (c) which allows the formation of associations or unions.

This comes after NEEPCO came out with an order dated April 22, 2021, implementing Sub-Rule (iii) in Rule 8 of the Conduct Discipline and Appeal (CDA) Rules, 1980 which states that no employees to whom the said Rules apply shall seek membership of any registered trade union or indulge in trade union activities.

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The court in its judgment said that “the CDA Rules are not statutory rules, and this position is undisputed as the power to make by-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.”