KAMALANATHAN K Vs. HMT LIMITED

JUDGEMENT

(1.) PETITIONER is an employee of the respondent the Hindustan Machine Tools (HMT for short ). At the relevant point of time, he was working as a Junior Accounts Officer. The employees of the respondent- Company, have formed a co-operative society by name "hindustan Machine Tools (HMT) Watch factory Co-operative Society Limited" (the society for short ). The said society is registered under the provisions of the karnataka Co-operative Societies Act. Apart from others, one of the objects of the Society is to promote the economic interest of its members in accordance with co-operative principles. Initially the society had nearly 2,500 members and now it appears, it has been reduced to 1,500 members.

(2.) PETITIONER became a member of the society some time in the year 1980. In the elections held for the office of the Directors of the society some time in the year 1996, petitioner had contested and got himself elected as a Director of the society. It is stated in the petition that because of his popularity, he also got himself elected as the Vice-President of the society.

(3.) FOR the welfare of the members of the society, the office bearers of the society had passed a resolution resolving to supply Autoglo and Cilx gas lighters to the members of the society under easy instalments through MSIL home Maker Hire Purchase Scheme. Pursuant to the resolution so made, the committee of management of the society had approached the vega Marketing Company for supply of autoglo and Cilx gas lighters to its members under Hire Purchase Scheme, since there was acute shortage of power in the year 1997. The society also had passed a resolution authorising petitioner and one Sri Ramakrishna to negotiate with Vega Marketing Company for supply of lamps to its members on easy instalment basis. It appears, there was an understanding between the society and Vega Marketing Company to pay service charges to the society at 3. 5% on the total amount of the purchase made by the society. It appears, some time in the last week of April, 1997, a sum of Rs. 13,354 as service charges was received by the petitioner and one sri Satya Narayana who was also one of the directors of the society. It is stated in the petition that the said amount could not be deposited by the petitioner and the other director because of some bickering between the petitioner and the Secretary of the society.