Case Summary
The plaintiffs are members of the defendant union and challenge their suspension and removal from membership based on alleged misconduct. The court reviewed the election process and disciplinary actions taken by the union against the plaintiffs.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
The disciplinary action taken by the defendant union was found to be in accordance with its by-laws and proper procedures.
The disciplinary action taken by the defendant union was found to be in accordance with its by-laws and proper procedures.
Judgment Evidence:
In the result, the suit is dismissed. Parties are directed to suffer their respective costs.
Parties Involved
Plaintiffs
Benson Jose K (53 years years)
Kainikattu House, South Chittoor P.O, Kochi – 682 027.
P.B Purushothaman (58 years years)
Puthukulangara House, Elamakkara South, Kochi -26
C.V Ramesh (58 years years)
Chittayil House, Chittoor Road, Kochi -23
K.S Jayachandran (55 years years)
Maithri Nagar Road, Vaduthala P.O, Kochi -23
Defendants
The Tata Oil Mills Worker’s Union (Age not specified years)
Chittoor Road, Cochin – 682 018
Reliefs
Relief Type:
Declaration
Outcome:
Refused
Description:
Declaration that the plaintiffs are still members of the defendant union.
Evidence:
The plaintiffs are not entitled to any reliefs as sought for.
Relief Type:
Declaration
Outcome:
Refused
Description:
Declaration that plaintiffs 1 to 3 are office bearers for the period 2018-19.
Evidence:
The plaintiffs are not entitled for declaration that they are Vice President, Organisation Secretary and Executive Member.
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Permanent prohibitory injunction restraining the defendant from causing obstruction to plaintiffs 1 to 3 in meetings.
Evidence:
The suit is dismissed.
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Permanent prohibitory injunction restraining the defendant from causing obstruction in plaintiffs enjoying their rights as members.
Evidence:
The suit is dismissed.
Documents & Evidence
Document Type:
Bye Law
Submitted By:
Plaintiff
Relevance:
The bye law prescribes the procedure for election to elect the office bearers of the working committee.
Reference:
Ext.A1
Document Type:
Amendments in Bye Law
Submitted By:
Plaintiff
Relevance:
The amendments are noted as part of the bye laws of the defendant union.
Reference:
Ext.A2
Document Type:
Objection
Submitted By:
Plaintiff
Relevance:
True copy of the objection related to the election process.
Reference:
Ext.A3
Document Type:
Result of Election
Submitted By:
Plaintiff
Relevance:
True copy of the result of the election conducted on 10/05/2018.
Reference:
Ext.A4
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
True copy of a notice related to the proceedings.
Reference:
Ext.A5
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
True copy of notice subject to proof.
Reference:
Ext.A6
Document Type:
Application
Submitted By:
Plaintiff
Relevance:
True copy of the application submitted by C.V Ramesh.
Reference:
Ext.A7
Document Type:
Show Cause Notice
Submitted By:
Plaintiff
Relevance:
Show cause notice issued to K. Benson Jose.
Reference:
Ext.A8
Document Type:
Show Cause Notice
Submitted By:
Plaintiff
Relevance:
Show cause notice issued to P.B. Purushothaman.
Reference:
Ext.A9
Document Type:
Show Cause Notice
Submitted By:
Plaintiff
Relevance:
Show cause notice issued to C.V Ramesh.
Reference:
Ext.A10
Document Type:
Show Cause Notice
Submitted By:
Plaintiff
Relevance:
Show cause notice issued to K.S Jayachandran.
Reference:
Ext.A11
Document Type:
Reply to Show Cause Notice
Submitted By:
Plaintiff
Relevance:
True copy of the reply of K. Benson Jose.
Reference:
Ext.A12
Document Type:
Reply to Show Cause Notice
Submitted By:
Plaintiff
Relevance:
True copy of the reply of P.B Purushothaman.
Reference:
Ext.A13
Document Type:
Reply to Show Cause Notice
Submitted By:
Plaintiff
Relevance:
True copy of the reply of C.V Ramesh.
Reference:
Ext.A14
Document Type:
Reply to Show Cause Notice
Submitted By:
Plaintiff
Relevance:
True copy of the reply of K.S Jayachandran.
Reference:
Ext.A15
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Notice issued to K. Benson Jose regarding disciplinary action.
Reference:
Ext.A16
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Notice issued to P.B Purushothaman regarding disciplinary action.
Reference:
Ext.A17
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Notice issued to C.V Ramesh regarding disciplinary action.
Reference:
Ext.A18
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Notice issued to K.S Jayachandran regarding disciplinary action.
Reference:
Ext.A19