LAWS(CAL)-1962-4-21

RAY Vs. DALVI

Decided On April 19, 1962
Ray Appellant
V/S
Dalvi Respondents

JUDGEMENT

(1.) THERE is a National Federation of Post and Telegraph Employees, a trade union. A constituent body of the said trade union is the All India Postal Employees' Union, Postmen and Class IV, which is itself lot a trade union but a mere unincorporated association. The membership of the unincorporated association is open to all postmen and Class IV postal employees and to extra -departmental staff other than extra -departmental agent's branch and sub -postmaster. The association has its headquarters at Delhi.

(2.) ACCORDING to its rules, the All India Postal Employees' Union may have branches, variously known as circle, divisional, district and city or local branches. One such branch is the West Bengal Circle branch, having its head office in Calcutta (as denned in the pity Civil Courts Act, 1953). The plaintiff -appellant, R. Ray (who is now dead), claimed to be a member as well as the secretary of fine said West Bengal Circle branch.

(3.) BY a letter (Ex. A. 55), dated 25 June 1958, addressed to the plaintiff, the defendant 2, in his capacity, as the deputy general secretary Of the All India Postal Employees' Union, Postmen and Class IV, suspended the West Bengal Circle branch and appointed an ad hoc committee, consisting amongst others of defendant 3, as its chairman and defendant 4 as its convener, to take over administration pf the circle branch. The letter in so far as it la material for the purposes of the instant appeal is set out below: