ASHOK SHINDE Vs. K.V.J.RAO

JUDGEMENT

(1.) Heard Mr. Cama, learned Senior Counsel for petitioners and Mr. Shetty, learned Counsel for respondent Nos.1 and 2 at length.

(2.) By this petition, under Articles 226 and 227 of the Constitution of India, the petitioners have challenged the judgment and order dated 14.3.2012 passed by the learned Judge, Bombay City Civil Court, Greater Mumbai whereby he held that the suit instituted by respondent Nos.1 and 2 herein is maintainable under Sec. 28-1A of the Trade Unions Act, 1926 (for short 'Act') and that the City Civil Court has jurisdiction to entertain and try the suit. The learned trial Judge accordingly answered the preliminary issue in the affirmative. For the sake of convenience, I will refer the parties as they are arrayed in the suit. Brief facts, that are necessary for the disposal of the present petition, are as under:

(3.) The plaintiffs - respondent Nos.1 and 2 herein instituted short cause suit No.2376 of 2011 against the defendants - petitioners and respondent Nos.3 and 4 herein in the Bombay City Civil Court at Greater Mumbai for declaration that the Extra-Ordinary General Body Meeting held on 6.6.2011 through a requisition made by the members of the plaintiff No.1 Association and the resolution passed therein are legal, valid and binding among other reliefs. Plaintiff No.1 is a registered trade union consisting of 2400 members employed in the erstwhile Air India and Indian Airlines. The said Association is representing before the management in respect of the grievances of those members. The elections to the Managing Committee and Office Bearers are held as per the Constitution from time to time. The last election was held in the year 2010 and the same was done by an Election Officer. Somewhere in the month of Jan., 2011, there was an opinion in the union that they should de-affiliate from the Bhartiya Kamgar Sena Mahasangh to which it was affiliated. A resolution was passed on 5.1.2011 to de-affiliate from the said Mahasangh and to reinstate Mr. Kiran Pawaskar as the President as one Mr. Bharat Kumar Raut was claiming to be the President though said Mr. Pawaskar was already and properly elected President since 2007. Suit (L) No.76 of 2011 was instituted by plaintiff No.1 Association along with the other Office Bearers for certain reliefs. Consent terms were filed in that suit and the order was passed on 13.1.2011 in terms of the consent terms.