EMN
DIMAPUR, JUNE 18
THE Kohima Bench of Gauhati High Court passed an order on February 7, 2014 upholding the order(s} issued by Chief Secretary on May 31, 2012 and July 2, 2012 prohibiting trade union(s}, associations, NGOs, organization(s}etc. from collecting fees, taxes etc. in any form on the State/National Highways and at market places, Additional Advocate General, Nagaland, K Sema said in a release today.
The order was passed by the government as unauthorized and unabated tax was burdening the common men/consumers with escalation in prices of essential commodities, adversely affecting free trade and business in the State, harassing transporters and hampering free flow of traffics in the highways.
The government’s order(s), however, did not obstruct lawful functioning of the trade union within the framework of their constitution.
Prior to the two orders, the government had also passed series of orders on the same subject. Altogether 11 writ petitions were filed by different Dimapur-based trade unions challenging the government’s order interlia contending that they were registered trade union(s} and lawfully functioning within the ambit of their respective by-laws and constitutions and any restrictions on their activities can be enforced only through a legislation but not by an executive order as sought to be done in the present case.
The High Court Bench, however, rejected the contention and dismissed the petitions by accepting the stand of the State that such rampant and unabated collection of unauthorized tax by the trade unions is prima facie criminal in nature and such unlawful activities by itself gives absolute power and authority to the state to issue necessary orders to curb the activities of the anti-social elements and a legislation was not required to restrict or prohibit crimes.
Several decisions of the Supreme Court was cited by the court to reinforce its findings that to restrict unlawful activities of the trade union(s} a legislation was not required and it was perfectly within the competence of the statutory authorities to pass necessary orders to effectively control crimes.
All the petitions were dismissed citing that there is no merit in the case. In the concluding judgment an observation has been made that if the trade union(s} functions strictly as per their constitution and in terms of the permission granted by the State, such activities of the petitioners shall not be interfered with.
