10 January 2024 Administrative Law >> Constitution & Law Procedure   |   Technology Media & Telecommunications >> Media  

The Association of Radio & Television Engineering Employees (the Association) recently faced a setback in their attempt to expand the benefits of a court order to its members. The Central Administrative Tribunal (Tribunal) had issued an interim order protecting individual employees from certain actions. The Association sought to modify this order to include its members as well.

Association's Argument:

The Association argued that under Rule 4 (5) (a) and (b) of the Central Administrative Tribunal (Procedure) Rules, 1987, they have the right to file an application on behalf of their members. They believed this entitled them to have the interim order extended to protect their members as well.

Respondent's Argument:

The opposing party (respondents) countered by stating that the Association, although registered, was not officially recognized. Therefore, according to them, the interim order shouldn't apply to the Association or its members. The respondents further clarified that they weren't taking any actions against any employees, including those who might be members of the Association.

Tribunal's Decision:

The Tribunal acknowledged that the Association could participate in cases alongside individual employees under specific circumstances. However, they ruled that this participation wouldn't automatically grant individual relief (protection from the specific actions) to all Association members who weren't individually named in the original case.

Conclusion:

Since the respondents confirmed they weren't taking any actions against any employees, the court ultimately dismissed the Association's petition as unnecessary (infructuous). In simpler terms, the court decided there was no need to rule on the Association's argument because the issue they were concerned about wasn't happening anyway.