SRINIVASA GOWDA, H.N. S/O LATE NARAYANA GOWDA AND OTHERS Vs. THE PRESIDENT, THE KARNATAKA POWER TRANSMISSION CORPORATION EMPLOYEES UNION, A STATION COMPOUND, S.C. ROAD, BANGALORE - 09 REP P.G. AMMINBHVI AND OTHERS

JUDGEMENT

(1.) THE plaintiffs in OS. Nos. 1260/2011 and 1335/2011 pending on the file of I Addl City Civil and Sessions Judge Court, Bangalore (CCH -2) have come up in these appeals challenging the common order dated 9.3.2011 passed on applications in I.A. Nos. I, II and V filed in OS. No. 1335/2011 and I.A. No. 1 in OS. No 1260/2011. In both the appeals the challenge is only in respect of the order passed on I.A. No. I in respective suits. Brief facts leading to these appeals are: OS No 1260/2011 is filed by the General Secretary of Karnataka Power Transmission Corporation Employees Union, in the capacity of General Secretary of said Union as well as in his individual capacity as member along with 30 other members of the Central Executive Committee (CEC for short) of said Union. The second suit in OS. No. 1335/2011 is filed by another 28 members of CEC of the Union. The 1st plaintiff Union is stated to have in all about 91 CEC members. Among them around 80 members were elected in Triennial Conference of Union held on 28.8.2008, The remaining members are Nominated members of CEC.

(2.) THE admitted facts are, on 22.11.2010 the General Secretary of the Union called for meeting of CEC to be held on 3.12.2010 at about 10 am., in the premises of the Union with an agenda to discuss five subjects in the said meeting. Out of that, first four subjects of the agenda are on specific issues. The 5th one is with reference to any other subject to be discussed with the permission of chair. Subsequently, on 27.11.2010 the Local Committee (Central), Bangalore of the Union (3rd defendant in OS. No. 1260/2011 and 5th defendant in OS. No. 1335/2011) passed a resolution in recommending to CEC for extension of 2nd plaintiff's membership in 1st plaintiff Union for a period of six months from the date of: his attaining superannuation on 31.1.2011 in the alternative till election of next CEC. The said resolution was communicated to the Union by its letter dated 27.11.2010 received by the 1st plaintiff Union subsequent to issuance of notice dated 22.11.2010 regarding CEC meeting and prior to the meeting on 3.12.2010.

(3.) IT is also their case that on persuasion by majority of members on the ground that time available between that date till date of retirement of 2nd plaintiff being very short and to avoid another meeting which would cost enormous expenditure to Union, said subject was taken up for consideration with the consent of President and the said subject was approved unanimously by thumping of hands. In that behalf minutes of the meeting was drawn by Secretary in terms of regulation, the President approved the same by affixing his signature. Though the regulation prescribes for approval by the President, as per the general practice prevailing, the members of CEC who participated in the meeting also affixed their signatures to the minutes of meeting held on that day. In terms of the same the membership of 2nd plaintiff is continued for a period of six months from 1.2.2011.