-1- IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 278 OF 2007 Mrs. Madeline Pereira, major, widow, Indian National, business person, having her Office at Pereira Chambers, Vasco da Gama, Goa, Authorised person in respect of Final adjustments of the dissolved Society, namely Mormugao Handling Agents' Association, Vasco da Gama, a Soceity registered under Societies Registration Act, 1860, having its office at Pereira, Chambers, Vasco da Gama, Goa. …... Petitioner (Original Plaintiff/Applicant) V e r s u s 1. Gomantak Mazdoor Sangh, a trade Union, registered under the Trade Unions Act, 1926, having its office at Kamakshi Nivas, Ponda, Goa, represented through its General Secretary, Shri Puti Gaonkar, major, married, Indian National, resident of Shetye Sankul, 3rd floor, Tisk, Ponda, Goa. 2. The Marmagao Waterfront Workers' Union, registered under the Trade Unions Act, 1926, having its office at Mukund Bldg., 2nd Floor, P.O. Box No. 90, Vasco da Gama, Goa, and through its General Secretary, Shri Salu Fernandes, major, married, Indian National, Resident of Cortalim, Goa. 3. Regional Provident Fund -2- Commissioner, Sub-Regional Office, 5th floor, Junta House Annexe, Panaji, Goa, 403001. Now at Bhavishya Nidhi Bhawan, 24, Patto Plaza, Panaji, Goa. 4. Regional Labour Commissioner (Central) Shramraksha Bhawan, Shivsrushti Road, Eastern Express Highway, Sion, Mumbai, 400 022. 5. Asst. Labour Commissioner (Central), Municipal Bldg., Upper Floor, Vasco da Gama, Goa, 403802, Now at Mukund Bldg., Francis Luis Gomes Road, Vasco da Gama, Goa. 6. The District Registrar and Head of Notary Services, Panaji, Goa 403 001. 7. The Mormugao Port Trust, Mormugao Harbour, Vasco da Gama, Goa, through its Chairman, having Office at Mormugao Harbour, Vasco da Gama, Goa. 8. The Sahakar Credit Co-operative Society Ltd., Reg. No. 8-Res-(a) 57/South Goa / 92, Shop No. 54, II fl., Apna Bazar, Vasco da Gama, Goa, 403 802. 9. Dr. B. R. Ambedkar Co-operative Credit Society Ltd., DU/1, Suvidhi Complex, Near Tilak Ground, Vasco da Gama. 10. The Vasco Urban Cooperative Credit Society Ltd., No.3, Commerce Centre, Vasco da Gama, Goa. -3- 11. M/s. Agencia Commercial Maritima, Stevedoring, Clearing & Forwarding and Steamer Agents having their registered office at Parkkot House, Ground Floor, Swantantra Path, Post Box No. 22, Vasco da Gama, Goa, 403 802, through Shri Vinod Parkkot, Partner. 12. M/s. Agencia Ultramarina Pvt. Ltd., having their registered office at Swantantra Path, Post Box no. 42, Vasco da Gama, Goa, 403 802, through Shri V. S. Manerkar, Managing Director. 13. M/s. Kamat and Co. Handling Agents, having their office at Old Accounts Office, Room no. 5, Mormugao Harbour, Mormugao, Goa, 403 803. .….. Respondents (Original Respondents) Mr. D. B. Ambekar, Advocate for the Petitioners. Mr. V. Menezes, Advocate for respondent no. 8. Mr. V. Rodrigues, Addl. Government Advocate for Respondent no.6. CORAM: A. H. JOSHI, J. DATE : 22 nd September, 2009. JUDGMENT 1. Petitioner is the representative of a dissolved society which was registered under Societies Act. The said representative is pursuing the case of dissolution of said Society which was an association of stevedores. -4- 2. A Petition for dissolution and settlement of debts is filed for dissolved Society under Section 13 of Societies Registration Act. Said Petition is registered as Civil Suit No. 1/1999, in which, in all, 13 defendants were arrayed. 3. All the defendant nos. 1 to 10 filed application for rejection of plaint under Rule 11 of Order VII read with Section 151 of C.P.C., contending that the claim for dissolution and disposal of assets does not fit into Section 13 of Societies Registration Act and that no cause of action is disclosed against them and, prayed for rejection of plaint. 4. After considering rival submission, the learned District Judge, to whom the suit was allotted, found that respondent nos. 11, 12 and 13 are the members of the Society in relation to whom there is a cause to proceed while there is no Lis between dissolved Society and rest of the respondents. The learned District Judge, therefore, allowed the application by Order dated 23.03.2007, which is challenged in this Petition. 5. This Petition was heard at length. 6. It is seen that the dissolved Society has assets in the form of liquid cash and deposits. The rival claims against the Society's assets are mainly of the workers who are represented either through respondent nos. 1 and 2 or -5- otherwise and whose services were availed by different stevedores for loading and unloading on the port, on one hand and the respondent no.3, who is statutory authority who has been raising a claim towards money in the hands of Society as well its members – the stevedores etc. 7. Admittedly, liquid cash and deposits which belonging to the dissolved Society are the amounts received by the association towards workmen enrolled by it who used to be taken by the board for the work of loading and unloading for the stevedores. 8. It is alleged by Petitioner and is admitted by the respondents that the Society has no other business, source of income and no other activity whatsoever. There seems to be no dispute about this factual averment. 9. If the Society has assets which remain after satisfying its liability towards workmen whose services were provided through the dissolved Society, other claimants can have their claim. However, when it is not in dispute that so long money in hands of or otherwise belonging to the dissolved Society, belongs to workers, it has first to go to the workmen. 10. When the matter of interest of workmen is involved, protection of their interest is primary consideration and their representation before the Court is imperative and does not depend on the choice of the union to represent them. -6- 11. The aforesaid being situation as regards interest of the workmen, any trade union claiming to espouse the cause and the interest of workmen have undisputed and indisputable interest in the Lis, and they cannot be strangers to the cause whether or not they would be necessary parties in terms of Order I Rule 3, 8 and 10 of C.P.C. They are, therefore, undoubtedly proper parties. 12. Even if now plea of the unions is accepted and the plaint stands rejected in a short duration, they would return claiming to be interested persons and craving to be arrayed and praying to be heard interested persons. 13. Remaining respondents too have interest in the Lis, whether they perceive so or not. 14. In this situation, respondent nos. 1 to 10, though may not answer the strict description of necessary parties, they undoubtedly answer the description of proper and interested parties. 15. All these respondents are, therefore, necessary before the Court hearing the Petition under Section 13 of the Societies Registration Act, and it could not be in the interest of justice to reject the plaint as against these respondents on the ground that the Plaint – Petition for dissolution and -7- settlement of accounts does not disclose specific narration as to cause of action against them. 16. In these premises, this Petition has to succeed. 17. In the midst of hearing, the Court has queried, as to the circumstances in which the wages payable to the workmen could remain unpaid and lie undisbursed, in the Court. In answer, the petitioner has tendered an application giving various details at length. All that can be viewed and noticed is that the details of the list of workmen and workmen-wise money, which is due and payable, is already placed on record in the District Court. 18. Without prejudice to respective claims and contentions, ends of justice would be met if the amount lying in the District Court is not permitted to remain in the same status, and is disbursed to the workmen whose wages those are. 19. The details of amount payable to every individual unless worker, the same is already on record, be produced by the Petitioner before District Court within 60 days from today. 20. Amount already deposited in the District Court and amount as may be collected from Life Insurance Corporation of India or any other -8- institution or person be realised, be distributed to the workmen listed in appendix 1, 2 and 3 or list as may be produced, the payment be made by depositing those in Bank account of the workmen concern. They be given time to produce copy of the passbook so that amount can be deposited in said account. Registry of District Court would do it within reasonable time soon after all details are produced by the Petitioner and the unions or workmen. 21. The amount of interest accrued during the intervening period, be distributed to the workmen pro-rata and in proportion to the money receivable by them. 22. Amount receivable from respondent no. 3 i.e. Regional Provident Fund Commissioner or held by any other person or institution as garnishee or otherwise would be dealt with in the pending case soon after the dissolved Society succeeds in getting the same recovered from the respondent no.3 herein in the manner indicated in the foregoing paragraph no. (17) to (21). 23. Petitioner herein would be free to procure certified copies of proceedings and payment particulars and produce the same before the appropriate Tribunal. 24. In the result, Rule is made absolute in Writ Petition no. 278/2007 in terms of prayer Clause (b). Impugned Order is set aside. -9- 25. Civil Application tendered in the Court is disposed off with directions contained in foregoing para nos. (17) to (22). 26. In the circumstances, parties are directed to bear their own costs. A. H. JOSHI, J. arp/*