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2010 Supreme(Mad) 5405

D.MURUGESAN, B.RAJENDRAN
M. Lakshmanan – Appellant
Versus
ICICI Bank Employees Union, Rep. by its Secretary A. L. Kalayappan – Respondent


Advocates Appeared:
For the Petitioner:V. Prakash, Senior Counsel for K. Sudalaikannu, Advocate.
For the Respondent:Vijay Narayan Senior Counsel for Narmadha Sampath, A.L. Somayaji, Senior Counsel for V. Perumal, Advocate.

Judgment :-

D. MURUGESAN, J.

All the three original side appeals arise out of the common order made in O.A.Nos.1005 to 1007 of 2010 in C.S.No.807 of 2010 dated 1.10.2010. The Original Applications raise an interesting question as to whether the conviction and sentence imposed on an employee of the bank under Section 138 of the Negotaible Instruments Act could be considered to be the conviction and sentence for an offence involving moral turpitude, thereby disentitling him to continue to be a member of the employees union and to hold the post of General Secretary of the union?

2. The original side appeals arise under the following circumstances. According to the plaint averments made by the first respondent union, the appellant was elected as the General Secretary of the first respondent ICICI Bank Employees Union, Chennai in the general body for the period from 14.10.2007 to 31.12.2009. The appellant became a partner in the real estate business run by Mr.Gopinath Ramadass & Mr.Gopinath Ramesh and he borrowed a sum of Rs.10 lakhs from each of them and a further similar sum from one Mr.Raja during the year 2002 assuring them of getting an immovable property at Selaiyur. Out of the s



















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