1959 Present: Basnayake, C.J., and Pulle, J.

AZIZ and others, Appellants, and THONDAMAN and
others, Respondents

S. C. 9-D. C. (Inty.) Colombo, 683/Spl.

    Actions-Trade Union-Provision in rules for a domestic appellate tribunal-Jurisdiction, in such a case, of a court of law--R1,ght of a person to ask for a declaratory decree-Amendment of pleadings-Procedure-Civil Procedure Code, ss. 5,
93, 184, 217.

Where the rules of a Trade Union or a club provide for a right of appeal to a domestic tribunal, but the composition and powers of the appellate body are not defined, it is open to a member or office-bearer, who has been wrongly expelled, to invoke the aid, in the first instance, of a court of law.

Held further, that a declaratory decree under section 217 of the Civil Procedure Code cannot be refused by a court if the plaintiff has established his right to it. The right of a citizen to invoke the aid of the courts is one that cannot be taken away by the rules of any association or body of persons. It is so fundamental that it cannot be taken away even fly the legislature itself.

When pleadings are amended, the provisions of section 93 of the Civil Procedure Code should be scrupulously observed.

APPEAL from a judgment of the District Court, Colombo.

C. G. Weeramantry, for Plaintiffs-Appellants.

E. B. Wikra manayake , Q.C., with R. L. N. de Zoysa" for Defendants-Respondents.

Cur. adv. vult.

October 26, 1959. BASNAYAKE, C.J.-

The five plaintiffs claim to be members of the Executive Council of the Ceylon Workers' Congress, a Trade Union registered under the Trade Unions Ordinance. In this action which they have instituted against the forty-four defendants who were at the material time members of the Executive Committee of the same Trade Union they pray a declaration-

(a) that the meeting of the defendants on 18th December 1955 was irregularly held and that its proceedings are null and void;

(b) that the resolutions passed at the said meeting were wrongfully passed;

(c) that the plaintiffs are entitled to have those proceedings expunged from the minutes;

(d) that the expulsion of the plaintiffs from the Ceylon Workers' Congress and its Executive Council is illegal and invalid;

(e) that the election of K. Rajalingam the 3rd defendant as President and of M.

Periasamy, V. R. Velu, V. Annamalay, N. Vellayan and M. Ettiyapan as members of the Executive Council is illegal and invalid;

(f) that "the declaration submitted to the Registrar of Trade Unions on the authority of the said meeting of 18th December 1955 is illegal and invalid;

(g) that the changes caused to be made in the Register of Trade Unions are illegal and
invalid;

(h) that the plaintiffs are members and office bearers of the Trade Union known as the Ceylon Workers' Congress;

(i) that the defendants acted illegally when they purported to exercise the functions of the Executive Council with persons or members who were illegally elected;

(j) that the meetings held by the defendants subsequent to 18th December 1955 were bad for want of notice to the plaintiffs and others who are members of the Executive Council and that the proceedings at such meeting are null and void.

Twenty-two of the defendants filed a joint answer on 27th August 1956. On 29th October 1956 the 19th, 25th and 41st defendants filed answer. On 26th November 1956 the 21st and 35th defendants indicated to the court that they had no objection to the plaintiffs' prayer being granted. On 12th March 1957 the trial was commenced and counsel f for the respective parties suggested in the form of issues the questions of fact and law which they invited the court to decide; but as counsel for the defendants based his issues on what he called "an amended answer" which was not before the court the trial was adjourned.

I must pause to point out that the Judge and counsel all proceeded on the basis that the defendants were at complete libe