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
The suit is dismissed as the plaintiffs were not entitled to any reliefs as the disciplinary actions taken by the union were upheld.
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.
Why Defendant Won:
Not available
Not available
Supporting Evidence
It is evident that the plaintiffs had not resorted to the remedy of appeal that is granted as per clause 11(A) of exhibit A1 to approach the general body.
Judgment Evidence:
In the result, the suit is dismissed. Parties are directed to suffer their respective costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Benson Jose K
- Party Age
- 53
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- P.B Purushothaman
- Party Age
- 58
- Party Role
- Plaintiff
- Party Name
- C.V Ramesh
- Party Age
- 58
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- K.S Jayachandran
- Party Age
- 55
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- The Tata Oil Mills Worker’s Union
- Relation
- represented by its General Secretary
Plaintiffs Documents
Copy of the bye law of the Tata Oils and Mills Workers Union, Copy of amendments in bye law of Tata Oils & Mills Workers Union, True copy of objection, True copy of result of Election, Notice, True copy of notice, True copy of the application submitted by C.V Ramesh, Show Cause notices to all plaintiffs.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Santhosh G Prabhu
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Aswathy A
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- N.A Shafeek
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- C.P Peethambaran
- Appearance Type
- Main Counsel
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
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Benson Jose K et al vs The Tata Oil Mills Worker’s Union regarding declaration and permanent prohibitory injunction
Case Code Year
Case between Benson Jose K et al vs The Tata Oil Mills Worker’s Union regarding declaration and permanent prohibitory injunction