Home Guards Can't Register Welfare Association Under Societies Act For Service-Related Grievances: HP High Court

The Himachal Pradesh High Court has clarified that there is a distinction between an association formed by employees or volunteers to collectively raise their grievances and a society capable of registration under the Himachal Pradesh Societies Registration Act, 2006. The Court remarked that while such groups are often described as “societies,” they do not automatically qualify as societies under the Himachal Pradesh Societies Registration Act, 2006. Justice Ajay Mohan Goel remarked that: “There is a difference between a group of employees in a Department or volunteers serving in an organization, intending to form an Association… and the registration of a Society under the provisions of the Himachal Pradesh Societies Registration Act, 2006.” The Court further remarked that under Section 1(3) of the Himachal Pradesh Societies Registration Act, 2006 registration is permitted only for societies formed for purposes such as promotion of education, social welfare, charitable activities, rural development, etc.Further examining the aim and objective of the Home Guards Welfare Association, the Court stated that they are directly linked to service conditions, grievance redressal, and demands from the employer, which is outside the scope of Section 1(3) of the Act.The Court further stated that “The Associations of employees stand at a totally different footing as compared to the Societies registered under the provisions of 2006 Act and their recognition or non-recognition is dependent upon the Rules or Regulations… which has got nothing to do with the 2006 Act.” Background:The petitioner, a serving Home Guard, proposed the formation of Home Guards Welfare Association, Himachal Pradesh with the objective of promoting welfare, addressing grievances, and representing the legitimate interests of Home Guards.He filed an application for registration under the Himachal Pradesh Societies Registration Act, 2006. However, the application was rejected by the Registrar of Societies. Aggrieved the petitioner filed a writ petition before the High Court, contending that Home Guards are volunteers and not government servants and, therefore, refusal to register the association was arbitrary. Case Name: Sh. Joginder Singh v/s State of H.P. and others Case No.: CWP No.4526 of 2025Date of Decision: 28.11.2025For the Petitioner: Mr.Abhay Kant, Advocate.For the Respondent: Mr. Rahul Thakur, Deputy Advocate General. Click Here To Read/Download Order

Home Guards Can't Register Welfare Association Under Societies Act For Service-Related Grievances: HP High Court

Mehak Aggarwal

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