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.
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.
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.