The petitioner has claimed that by interfering in the promotion and placement of civil servants, the trade unions affiliated to political parties have been functioning against the spirit of constitutional provision that allows formation of trade unions for collective bargaining for the welfare of civil servants.
As per the clause 53 (1) of the existing Civil Service Act, civil servants can form a trade union while clause 53 (3) states that the members of trade union can elect officials for an official trade union of civil servants for collective bargaining.
Petitioner Aryal has claimed that the trade unions affiliated to the political parties have been ignoring the spirit of the legal provision and only serving the interests of political parties.
Aryal has also sought an order against registration of new trade unions affiliated to political parties and also to scrap the political affiliation of already registered trade unions.
The petitioner has also sought interim order to bar the trade unions from political activities other than collective bargaining for the welfare of civil servants.
The petitioner has named the Office of Prime Minister and Council of Ministers, Ministry of General Administration and Labor Department as well as eight trade unions affiliated to political parties as defendants.
State Affairs Committee of parliament on March 24 had directed the Ministry of General Administration to hold the election of the official trade union within the ongoing fiscal year. Though the Civil Service Act envisages an official trade union, election of such a body has not been held so far.
The committee had discussed the issue with Minister for General Administration Lal Babu Pandit, who by then had lamented that the trade unions affiliated to political parties have been creating undue pressure in transfers and promotions. He, then, had accused the trade unions of focusing only on transfers of civil servants who are close to them rather than advocating for professional rights and wellbeing.
Related story
Chaos, united
