Uday Umesh Lalit, J. - (1.) Leave granted.
(2.) This appeal challenges the judgment and final order dated 12.09.2018 passed by the High Court (High Court of Judicature at Bombay, Bench at Aurangabad) dismissing Writ Petition No.5599 of 2018 preferred by the appellants herein.
(3.) Kopargaon Taluka Sakhar Kamgar Sabha (hereinafter referred to as 'the Sabha' for short) was registered on 30.06.1951 as a Representative Union under the provisions of the Act, (The Trade Unions Act, 1926). The affairs of the Sabha are governed by its Constitution and by the provisions of the Act. Clauses 10 and 11 of the Constitution deal with the Managing Committee of the Sabha while clause 15 deals with the General Council of the Sabha. Said clauses are to the following effect: "Clause 10. The Managing Committee of the Sabha shall consist of not more than 70 members, including one President, not more than Seven VicePresidents, one General Secretary and not more than Seven Secretaries, one Treasurer and Two Legal Advisers, elected at the Annual General Meeting.Clause 11. The Management of the Sabha shall be vested in the Managing Committee of the Sabha elected by the General Council.Clause 15. (a) The General Council of the Sabha shall consist of delegates elected in a meeting of members of each factory called for the purpose, on the basis of one delegate for every 30 members ordinary or honorary of the Sabha from each factory (or a part thereof above 20) provided that minimum representation shall be one.(b) The election of the delegates of the General Council of Sabha shall be held in March or April after every five years, provided that in case of a vacancy occurring during the years it shall be filled by a byelection from the constituency represented by vacating members.(c) The delegates of the General Council elected by the members shall continue to be delegates until replaced by the members.";