IN THE HIGH COURT OF JUDICATURE AT MADRAS
R. Subramanian, J.
S. Parthasarathy – Appellant
Versus
Coimbatore Periyar District Dravida Panchalai Thozhilalar Munnetra Sangam – Respondent
A.S. Nos. 369 and 370 of 2014
Decided On : 27-06-2017
Code of Criminal Procedure, 1973 - Section 145 - Code of Civil Procedure, 1908 - Order 1, Rule 8 - Rule 13 Order 1 - Trade Union Act - Suit decree - Seeking permanent injunction - Plaint allegations - Permanent injunction restraining the defendants from amalgamating the assets of the plaintiff Trade Union with other trade union or Sangam and also for mandatory injunction to hand over all the documents relating to the plaintiff trade union - Held, Registrar does not have any quasi-judicial power to decide the dispute between the rival claims and the same can be decided only by a Civil Court in entire agreement with the view taken by this Court in the said judgment - Counsel appearing for the appellants would submit that the conduct of the second respondent in denying his signature in the notice and opposing the application for sending the said document for expert opinion should be taken note of - Court do not find any ground to interfere with the judgment and decree of the Trial Court - Movement started for empowering the under privileged labourers has been taken over by the politicians and the parties to these appeals have been fighting to take control of the trade Unions at least for nearly two decades now - Appeal dismissed.
R. Subramanian, J.
1. These appeals arise out of two suits namely, O.S. No. 228 of 2010 and O.S. No. 615 of 2010. O.S. No. 615 of 2010 filed by the appellants in A.S. No. 370 of 2014 seeking permanent injunction restraining the defendants from interfering with their functioning as President, Treasurer, Deputy General Secretary, Secretary and Vice President of the Trade Union called Kovai Periyar District Dravida Textile Mill workers' Progressive Sangam. Other suit in O.S. No. 228 of 2010 was filed by the respondents in A.S. No. 369 of 2014 seeking declaration that the elections said to have been held on 24.03.2010 are invalid, permanent injunction restraining the defendants from functioning as Office bearers of the said Trade Union, declaration that the 2nd plaintiff is the duly elected General Secretary of 1st plaintiff trade union, declaring 3rd plaintiff as the President and 12th plaintiff as the treasurer, permanent injunction restraining the defendants from amalgamating the assets of the 1st plaintiff Trade Union with other trade union or Sangam and also for mandatory injunction to hand over all the documents relating to the 1st plaintiff trade union.
2. Since both the suits relate to the validity of the elections said to have been held on 24.03.2010 for electing Office Bearers of the Kovai Periyar District Dravida Textile Mill Workers Progressive Union, both the suits were tried together and were disposed of by a common judgment by the Trial Court. The suit O.S. No. 615 of 2010 was dismissed and the suit O.S. No. 228 of 2010 was decreed.
3. Aggrieved by the same, the plaintiffs in O.S. No. 615 of 2010 have preferred an appeal in A.S. No. 370 of 2014 and the defendants in O.S. No. 228 of 2010 have preferred an appeal in A.S. No. 369 of 2014. The appeals were also heard together and are disposed of by this common judgment.
4. The plaint allegations in O.S. No. 615 of 2010 are as follows:
The 1st plaintiff is the President, the 2nd plaintiff is the treasurer, the 3rd plaintiff is the Deputy General Secretary, 4th and 5th plaintiffs are Secretaries and 6th plaintiff is the Vice President of the Registered Trade Union called Kovai Periyar District Dravida Textile Mill Workers Progressive Sangam (Registration No. 2658) having its Head Office at No. 69, Tatabath Veethi, No. 3, Coimbatore. According to the plaintiffs they were elected to the respective posts as stated above in a meeting of all the representatives of various branch Units of the Sangam in Coimbatore and Periyar District held on 24.03.2010. According to the plaintiffs, the said meeting was convened by the 2nd defendant, who happens to be the General Secretary, by notice dated 06.03.2010. As per the minutes of the meeting dated 24.03.2010, according to the plaintiffs, they have been elected to the respective posts.
5. The plaintiffs would further allege that in the said meeting, it was resolved that the Sangham should disassociate from the Central Body namely Marumalarchi Labourers Front and affiliate itself with another Central Organization called Labourers Progressive Association Paravai. The 2nd defendant who had convened the meeting opposed such affiliation. Since the opposition was overruled by a majority of members, he along with his men namely, other defendants in the suit walked out of the meeting. It is claimed that after the second defendant chose to walk out along with his supporters, one Nagaraj, who is an employee of Murugan Mill, Coimbatore was appointed as Election Officer and elections were conducted in accordance with the bylaws of the trade union. It is claimed that since the defendants attempted to interfere with the functioning of the Office Bearers, after they having been duly elected, the plaintiffs had come forward with the present suit.
6. The suit was resisted by the defendants contending that no meeting was convened on 24.03.2010. The 2nd defendant namely, S. Duraisami, who was admittedly the General Secretary of the Trade Union bearing
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