Association Can File Plea Before Administrative Tribunal On Behalf Of Members To Address Their Grievances: Kerala High Court
Tellmy Jolly
5 Nov 2024 1:53 PM IST
The Kerala High Court has recently observed that to represent the grievance of its members, an association is entitled to file an original application before the State Administrative Tribunal, clarifying that in such a situation, the association espousing the grievance of its members can also be deemed as aggrieved.
A division bench of Justice A Muhamed Mustaque and Justice P M Manoj in its order said:
“Filing an original application on behalf of its members may arise in different circumstances. 1) espousing individual grievances of members. 2) common grievances of members or an association. In both scenarios, the application is maintainable. However, in respect of the first ground, the list of aggrieved will have to be furnished before the Tribunal. In the second scenario, there is no such situation as the association is espousing the common grievances of its members. The second scenario may arise in cases like challenging the Rules or any other transfer norms etc, where there may not be identical individuals but the challenge would be in respect of Rules or norms as the case may be.”
The Court was considering the maintainability of the original application filed by an association before the Kerala Administrative Tribunal.
The Court stated that the definition of the term 'person' in Section 3(42) of the General Clauses Act, 1897 includes the Association or body of individuals. Section 19 of the Administrative Tribunal's Act pertains to applications before the Tribunal. The Court observed that 'person aggrieved' can file application before the Tribunal for redressal of their grievance. The Court also noted that Section 20 states that an application shall not be admitted unless the applicant has availed all the other remedies. It said, “A combined reading of the above provisions clearly indicates that the individuals' grievances alone can be taken up before the Tribunal.”
The Court thus stated that an individual who has to challenge his transfer order which is passed contrary to an executive order can be challenged by the aggrieved individual, instead of the association.
The court referred to a division bench's decision in another matter, which had, after noting the maintainability of the application filed at the instance of an association, held that a transfer order passed in violation of executive order can only be challenged by the aggrieved person and not by the association.
The court endorsed this view regarding transfer orders and said that the "aggrieved individuals will have to challenge such orders individually".
However, the Court clarified that when there are numerous individuals, an association can also file an application on behalf of its members.
“we note that if there are numerous individuals, nothing prevents the individuals from espousing their cause through an association, as the association also can be deemed as aggrieved. However, in that application, the details of such aggrieved persons will have to be mentioned or enlisted so as to espouse the grievances before the Tribunal", stated the Court.
The Court stated that there are two situations when an association will have to file application before the Tribunal on behalf of members, firstly to address individual grievances and secondly to address collective or common grievances of its members. The Court added that when application is filed to address individual grievances, the details of such aggrieved members will have to be furnished.
In the facts of the case, the Court observed that the Tribunal "appears to have blindly followed" the judgment of the high court's division bench which had that held that in a particular circumstance of transfer, without there being an individual, such an application is not maintainable before the Tribunal.
The high court then said that if numerous persons are challenging a transfer order, they can join together to file an application through the association.
“We make it clear that, if there is more than one person, all of them can join in one petition through an association to maintain the original petition. But in that process, the individuals list will have to be furnished," it said.
As such, the Court held that the application filed by the association is maintainable and directed the Tribunal to consider it afresh.
Case Title: The Kerala State Government Ayurveda Medical Officers' Association Represented By Its General Secretary v State of Kerala
Counsel for Petitioners: Advocates R Reji Kumar, P R Jayakrishnan
Counsel for Respondents: Senior Government Pleader A J Varghese
Case Number: OP(KAT) NO. 447 OF 2024
Citation: 2024 LiveLaw (Ker) 696
