Case Details

Citation(s)
1993 SLG 1434 1993 SLD 1434 1993 PLC 649
Lahore High Court
RA. No. 83 of 1991 in W.P. No. 5192 of 1990, heard on 28th November, 1992.
ABDUL MAJID TIWANA, J

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Income Tax SERVANTS EMPLOYEES ASSOCIATION CLASS III,

VS

THE COMMISSIONER OF IncomE tax, GUJRANWALA ZONE, GUJRANWALA and 4 others

Law:

Section:

(a) Civil Servants (Change of Nomenclature of Service and Abolition of Classes) Rules, 1973--- ---Rr. 3 & 7---Government Servants (Conduct) Rules, 1964, R. 28---Old service associations of Class III and Class IV employees of Income-tax Department---Such service Associations whether still existed and if so, whether they were to function under their old nomenclature or they were to function with reference to their corresponding grades/basic scales; and in case said service associations by virtue of Civil Servants (Change of Nomenclature of Service and Abolition of Classes) Rules, 1973 have ceased to exist, whether they required fresh registration/recognition by the concerned authorities with reference to their corresponding grades/basic scales. In view of various provisions of Civil Servants (Change of Nomenclature of Service and Abolition of Classes) Rules, 1973, especially Rules 3 and 7 read with rule 28 of Government Servants (Conduct) Rules, 1964, the Service Association of Classes III and IV Employees of Income-tax Department were still in existence and they would not require re-­registration or fresh recognition by the competent authorities. The only thing to be done by them was that their nomenclature was to be modified with reference to the Grades (now Basic Scales and Posts) in accordance with the provisions of Rule 7, Civil Servants (Change of Nomenclature of Service. and Abolition of Classes) Rules, 1973. The original Class III Employees Association of Income-tax Department, can now be called `BPS No. 3 to 10 Employees Association of Income-tax Department'. Similarly, old 'Class IV Servants Association Income-tax Department', can now be called Income-tax Employees Association (BPS-1 and 2) "or "BPS 1 and 2 Servants Association Income-tax Department", as their respective bodies wish to call their respective Association. New Association cannot include the income-tax employees of Grade or BPS 1 to 15. They can jointly form a new Association if they so wish but in that case they would have to seek re-registration or fresh recognition from the concerned authorities because construction clauses of the Civil Servants (Change of Nomenclature and Abolition…
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