Kolkata High Court issued stay order for deduction of NFPE union (AIPEU) Monthly subscription from postal employees salary - Postalstudy | Post Office Blog | Materials for | Exams

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Kolkata High Court issued stay order for deduction of NFPE union (AIPEU) Monthly subscription from postal employees salary

It appears that All India Postal Employees Union (Group-C) has been de- recognized by the postal department by an order dated April 26, 2023. As a consequence thereof, by a subsequent order dated May 15, 2023 all the Head  Circles of the Postal Departments were instructed to ensure that the monthly subscription to the members of the said union should not be deducted through the Drawing and Disbursement Officer of the department till further order.

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It has been submitted on behalf of the members of the said union that de- recognition of a union cannotm stand in the way of to deduction of subscription through the relevant Drawing and Disbursement Officer. Even a union which fs not recognized, has a right to collect subscription from its members through the Draving and Disbursement Officer. The attention of this Court has been drawn to the compilation of instructions appearing at page 54 to suggest that membership subscription of all associations recognised or otherwise may be made on monthly basis by the Drawing  and Disbursement Officer ‘The word “otherwised" has been emphasized.

Me. Lahiri, leamed advocate representing respondent no. 1 to 5 submits that since the said union has been de-recognised, the postal department cannot be involved in the subscription. It has been submitted that the members of the union can very well pay their subscription directly to the union.

Mr. Paul, learned advocate appearing for the Union has pointed out that the  registration of the union has not yet been cancelled in terms of the Trade  Unions Act, 1926.

Whether a member of a registered trade union, which is not recognised by the department of posts, is entitled to make his subscription through the Drawing and Disbursement Officer of the department is the issue to be considered in this writ petition.

In view of the triable issue involved, there shall be a stay of the operation of the instruction dated May 15, 2023 for a period of four weeks from date. ‘The respondents shall file affidavit in opposition within two weeks after the summer vacation; reply thereto, if any, be filed by the petitioner within one-week thereafter. List this matter three weeks after the summer vacation.

(Kausik Chanda, J.)

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