B.N.BANERJEE, J. - (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. The defendant 1, V.G. Dalvi, is the general (secretary of the All India Postal Employees' Union and the defendant 2 Jamnadas Akhtar is its deputy general secretary.
(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: In accordance with the resolution passed at the Nagercoil Conference of the A.I.P.E.U., Postmen and Class IV, I, in the capacity of the deputy general secretary of the A.I.P.E.U., Postmen and Class IV, hereby inform you that while acting under the Clause K of Rule No. 18 of the constitution of the A.I.P.E.U., Postmen and Class IV, I have suspended the West Bengal Circle Branch of the A.I.P.E.U., Postmen and Glass IV, and have formed an ad hoc committee consisting of the following persons: * * *The ad hoc committee will function as the circle branch till fresh election which will be held as soon as possible and within this period it shall reorganize the union in the circle and hold the circle conference to conduct the election of the office -bearers. , Reasons. - -The decision for the suspension of the circle branch and the formation of the ad hoc committee are as follows: (1) At the last annual session of the circle union, a section of elected delgates was not allowed to take part in the preliminary deliberations. (2) The treasurer of the circle union did not keep the funds of the circle union in any scheduled bank or post office; instead of it, he kept the funds in his own pockets and thus defied the provisions of the constitution and the decision of the circle union. (3) The balance sheet presented at the annual session was not duly audited although the circle union had previously appointed a chartered accountant for that purpose. (4) The circle union overlooked the abovementioned fact and did not take any action against the financial secretary or the treasurer. In the light of the abovementioned facts, I have suspended the circle union and have formed an ad hoc committee solely in the interests of the members of union and to safeguard the sanctity of the constitution of the union. In accordance with the decision, you are asked to hand over the charge to Sri Bhola Nath Bhattacharya of Bagh Bazaar Post Office, who is authorized to take charge from you and to act as convener of the ad hoc committee. The plaintiff -appellant protested against the action taken against the West Bengal Circle by his letter, dated 30 June 1958 (Ex. A. 59), the material portion of which is here in below quoted: (a) I have found therein that you have levelled certain charges against this circle union and declared these as reasons for suspension; but unfortunately you never referred these charges to me. Had this been done, I could have conclusively proved that the charges could not be made at least against this circle union and are, therefore, fictitious, if not through information submitted by interested person or persona. I tell you very frankly that during my lifetime I have never seen that any democratic organization has taken any action against anybody without hearing from the other party. You have given me no opportunity to defend my position and have taken decision against me. I, therefore, request you to please cancel your decision of suspension at least for the Bake of natural Justice. (b) I like to mention incidentally that the charge 1 can never be levelled against this circle union. Calcutta District Branch violated the decision of the 'Special All India Conference' in regard to the 'emergency fund' and did not pay a single pie to the circle union as quota in spite of repeated correspondence from the circle union in this respect mainly as Sri B.L. Bharati, one of their office -bearers and an office -bearer of the C.H.Q. as well, encouraged that branch to act in this in disciplined line. Some of the delegates of that branch also misbehaved during the conference. The conference, therefore, took a decision in regard to that branch in the lines of the directive from the C.H.Q. in the matter of non -payment of 'emergency fund.' The delegate -in -charge of the Calcutta District Branch, who also happens to be the honorary secretary of the branch, apologized before the conference for indiscipline and misconduct of some of his delegates and assured to make payment of the quota within a few days. The conference then decided to allow these delegates to participate in the conference. And this decision was ungrudgingly accepted by all the delegates including those from the Calcutta District branch. And uptill now nobody has raised any dispute regarding this decision. (c) Moreover, I like to politely point out that Clause 21 of the constitution of our union, reported to have come into force in the Nagercoil conference, dearly lays down that if anyone has any dispute to raise regarding any matter in any circle, the matter should be referred to the circle union first and when nothing was referred to the circle in this respect, no decision can be taken in regard to the matter by any other body. And also the deputy general secretary is not empowered to issue such an order under Rule 19(k) of the constitution referred to above. (d) I have also observed that you have stated in your letter under reference that you have taken the decision of suspension to accordance with the resolution passed at the Nagercoil conference. From records supplied to us, I find that no such decision was taken at the All India Conference at Nagercoil. (e) In fine, I would again request you to please immediately cancel the order of suspension as it has created a deadlock in this circle. I, however, assure you that if after proper investigation and after hearing from us against any charge or charges, you may consider reliable, any competent body of the organization considers that I had not been sufficiently responsible to the cause of the workers, I shall immediately vacate my post of trust by immediately calling the circle conference to elect a better man in your presence or in any other way conducive to the interest of the general members. I also request you to please immediately instruct all concerned to defer taking action till the reconsideration of this letter. The defendant 2, by his letter, dated 18 July 1953 (Ex. A. 62), regretted his inability to cancel the order of suspension, at that stage, but assured the plaintiff that he would place the matter before the central working committee at its next meeting and communicate the decision of the committee to the plaintiff. In the meantime he asked the plaintiff to 'abide by' the order of suspension and to make over the charge. This request was repeated by the defendant 2 in his letter, dated 7 August 1958 (Ex. A. 64), to the plaintiff. The plaintiff, however, expressed his unwillingness to obey the order of suspension and make over charge. This will appear, amongst other documents, from plaintiff's letter, dated 3 September 1958 (Ex. A. 66). The attitude of the plaintiff considerably annoyed the defendant 2, the deputy general secretary, and he refused to discuss the matter further with the plaintiff, as appears from his letter (Ex. A. 67), dated 17 September 1958, an extract from which is set out below: The central union does not recognize any circle union headed by you. I have already told you in my previous letters that I have suspended the circle union on reasons given in earlier letter on the subject and the question of cancelling this decision or entering into correspondence with any defunct body does not -arise at all. It is no use entering into further discussion on this point. In our hearts we know who is wrong. Anyway it is in fitness of things that the charge is handed over to the convener of the ad hoc committee. Any further discussion can be held after the charge is handed over. The determination and annoyance of the deputy general secretary (defendant 2) notwithstanding, the attitude of the general secretary (defendant 1) was conciliatory. By his letter (Ex. A. 69), dated 22 September 1958, to the plaintiff, he justified the order of suspension but nevertheless wrote as follows: However, out of regard for you and the larger interests of the unity and solidarity of our organization in the West Bengal circle, I have asked my deputy general sectary to withdraw the order of supersession and to dissolve the ad hoc committee only on one condition that; your treasurer should immediately hand over all the cash (except an amount of Bs. 100 to be kept with you s for day -to -day expenses of the union) including all amounts received by him in respect, of special and emergency funds and all other assets belonging to the union to Sri Jamnadas Akhtar or to such persons as he may nominate on behalf of the central union. Of course, the treasurer should get all the accounts of the union audited by the union's auditor within a specified period to be submitted to the next meeting of the circle conference. On the above condition being fulfilled, I have asked Sri Akhtar to call the circle conference as early as possible on a date to be settled in consultation with you. The working committee that will be elected by the conference will be given the cash and other assets by Sri Akhtar. I think this la the best solution of the dispute and I believe that it will be acceptable to you. I would appeal to you to use your personal influence to restore unity and harmony in the affairs of the circle union which is a major unit in our organization. ;