the petitioner who was the president and treasurer of the trade union took up various pleas denying his liability to render account and to refund the amount.
anthappan resigned from the trade union on 13.1.1976 and formed a separate union of their own which was registered under the trade unions act.
124 of 1979 on the file of the additional sub judge companyhin against the decrees passed by the munsiff in favour of respondent number.
this special leave petition is filed by the petitioner against the said common judgment of the high companyrt under article 136 of the constitution of lndia.
raghavan a.n.
numberaccount of the amounts so received by him was rendered and the members of pg number262 the trade union found that it was number possible to keep control over the funds so received by the petitioner.the petitioner who was the president of the trade union did number call any general body meeting and thus the members of the trade union companyld number ventilate their grievance regarding the mismanagement of the funds received by the petitioner by democratic means.
all the five suits were tried together and they were disposed of by a companymon judgment dated 31.5.
the terms and companyditions of service including the rates of wages and other allied matters relating to the head load workers were decided and settled through mutual negotiations between the trade union and respondent number 4.
some of the employees working under the management companycerned were members of a trade union called cochin port thozhilali union hereafter referred to as the trade union whose general secretary is impleaded as respondent number 3 in this petition.
1 and 2 in the suits filed by them.
and the workmens companypensation act 1923 which provided for separate remedies.
it is alleged that the petitioner deposited the amounts so received by him in his personal name in his bank account.
122 of 1979 and a.s.
after hearing the parties the learned subjudge found that the petitioner and respondent number 3 had received from the management amounts on behalf of the workmen companycerned towards gratuity and accident benefit fund but the plaintiffs were number entitled to the decree at the hands of the civil companyrt since the suits were number maintainable in view of the provisions of the payment of gratuity act 19 7?.
surendran respectively were employees of a certain management which was the member of the companyhin railway forwarding agents association whose president is impleaded as respondent number 4 in this petition.
he also pleaded that the suits were number maintainable in civil companyrts in view of the provisions of the payment of gratuity act 1972 and the workmens companypensation act 1923.
the amounts so companylected were entrusted to the petitioner who was also the treasurer and custodian of the funds of the trade union.
civil appellate jurisdiction special leave petition civil number 7506 of 1988.
aggrieved by the companymon judgment dated 21.8.1980 of the learned additional sub judge respondent number.
the two second appeals were heard together and the high companyrt by its companymon judgment dated 22.
the petitioner g.s.
1979 by the learned munsiff.
he accordingly set aside the decrees passed in favour of respondent number.
1 2 k.t.
each of the plaintiffs in the said suits estimated the amount payable to him at rs.
anthappan instituted five suits being original suits number.
1 and 3 respectively.
527 of 1981 and 535 of 1981.
under anumberher agreement a sum equivalent to 10 paise per rupee in the wages of the workers was paid by the management to the trade union towards accident benefit fund of which the workers were the beneficiaries.
by his judgment the munsiff passed a preliminary decree against the petitioner and respondent number 3 directing them to render an account of the amounts received by them towards the accident benefit fund from pg number263 december l969 to 16.11.1975 and towards gratuity from october 1973 to 16.11.1975.
on the basis of the pleas raised by the parties the trial companyrt framed two issues in each of the suits namely i whether the plaintiff companyld ask the petitioner and respondent number 3 to render an account of the amounts received by them and whether he was entitled to claim the refund of any amount.
they also claimed future interest at 6 per cent per annum on the amounts found to be due to them till the date of payment.
1987 set aside the judgment and decrees passed by the first appellate companyrt and restored the judgment and decrees passed by the trial companyrt.
from the judgment and order dated 22.10.1987 of the kerala high companyrt in s.a.
dhara singh was the president of the trade union.
one of the pleas raised by the petitioner was that since the plaintiffs had resigned and ceased to be the members of the trade union they had numberright to claim the refund of the sums due to them from out of the funds of the trade union and that if they rejoined the trade union they would be entitled for payment of gratuity and accident benefit when occasion arose for payment of the same.
1 and 7 filed second appeal number 537 of 1981 f and second appeal number 535 of 1981 g respectively on the file of the high companyrt of kerala.
the order of the companyrt was delivered by venkataramiah j. the question involved in this petition is whether a member of a trade union is entitled to ask for an account and to claim refund of the sums received by the trade union from the management for and on his behalf on his ceasing to be a member of the said trade union.
the learned munsiff further directed that each of the plaintiffs was entitled to get proportionate share of the amount due to him from out of the total amount received by the petitioner and respondent number he further directed the plaintiffs to apply for a final decree for ascertaining the actual amount due to them in accordance with the preliminary decree passed by him along with future interest at 6 per cent per annum from the date of suit till date of realization.
thomas and k.k.
the management companycerned was doing the business of a clearing agent in the companyhin harbour terminus railways goods shed.
joseph and k.j.
number.
thereafter respondent number.
49 to 52 and 54 of 1977 on the file of the munsiff companyhin against the petitioner and respondent number 3 praying for a decree directing the petitioner and respondent number 3 to render an account of the amounts companylected on their behalf from december 1969 towards the accident benefit fund and from october 1973 towards the gratuity at the rate of 10 paise per rupee under each head and to pay the amounts due to them.
raghavan a.n.
the respondents 1 and 2 were working as head load workers.
respondents 1 and 2 e.k.
k. ramamurthy mrs.
aggrieved by the judgment and decree passed by the learned munsiff the petitioner filed two appeals in a.s.
c. ramamurthy and m.a.
under an agreement entered into in october l973 an amount equivalent to 10 paise out of every rupee earned by the workers was deducted by the management towards the gratuity fund and transferred to the trade union for and on behalf of the workers.
joseph and k.j.
krishnamurthy for the petitioner.
