IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 30TH NOVEMBER 2009 / 9TH AGRAHAYANA 1931 RSA.No. 560 of 2006() --------------------- AS.82/1999 of PRL.SUB COURT,TRIVANDRUM OS.78/1997 of I ADDL.M.C.,TRIVANDRUM .................... APPELLANTS- (ADDL. APPELLANTS 3 AND 4) ---------------------------------------------------------- 1. SULAIMAN RAWTHER, ASSISTANT GENERAL SECRETARY, KERALA ELECTRICITY EMPLOYEES CONFEDERATION, I.M.T.U.C., TRIVANDRUM. 2. R.SOMASEKHARAN NAIR, STATE SECRETARY, DO. DO. BY ADV. SRI.G.S.REGHUNATH RESPONDENTS --------------- 1. KERALA ELECTRICITY EMPLOYEES' CONFEDERATION, REG.NO.01-14/87,HEAD QUARTERS AT ROOM NO.2,SREENIVAS TOURIST HOME,THAMPANOOR, TRIVANDRUM, REP. BY ITS ASSISTANT GENERAL SECRETARY C.RAMACHANDRAN NAIR. 2. C.RAMACHANDRAN NAIR, ASSISTANT GENERAL SECRETARY, DO. DO. 3. P.T.ABRAHAM, TREASURER OF DO. DO. 4. KERALA STATE ELECTRICITY BOARD, REP. BY THE SECRETARY, K.S.E.B., VYDHUTHI BHAVAN, PATTOM, TRIVANDRUM-4. 5. GOVT. OF KERALA, REP. BY THE CHIEF SECRETARY, SECRETARIAT, TRIVANDRUM. 6. D.K.RAVEENDRAN, DIVISIONAL ACCOUNTANT, OFFICE OF THE F.A. & C.A.O., K.S.E.B., VYDHUTHI BHAVAN, PATTOM, TRIVANDRUM. 7. D.GEORGEKUTTY, SENIOR GRADE ASSISTANT, OFFICE OF THE FOREST LAISON CELL, ELECTRICITY BOARD, SECRETARIAT, VYDYUTHI BHAVAN, PATTOM, TRIVANDRUM. ADV.SRI.K.RAMKUMAR (SENIOR ADVOCATE) SRI.T.RAMPRASAD UNNI FOR R3 SRI.J.R.PREM NAVAZ FOR R3 SRI.C.K.KARUNAKARAN, SC FOR KSEB FOR R1-4 & 6 GOVERNMENT PLEADER T.K.SAJEEV THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 30/11/2009, ALONG WITH RSA NO. 771 OF 2006 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER IN I.A. NO. 1473 OF 2006 IN R.S.A. NO. 560 OF 2006 DISMISSED SD/- HARUN-UL-RASHID,JUDGE 30.11.2009 HARUN-UL-RASHID, J. ---------------------------------------- R.S.A. Nos. 560 & 771 of 2006 ---------------------------------------- Dated this the 30th day of November, 2009 JUDGMENT R.S.A. 560 and 771 of 2006 are directed against the judgment and decree in A.S. No. 82/1999 on the file of the Principal Sub-court, Tivandrum which in turn arises from the judgment and decree in O.S. No. 78/1997 on the file of the Additional Munsiff Court,Trivandrum. R.S.A. No. 560 of 2006 is filed by additional appellants 3 and 4 in the first appeal whereas R.S.A. No. 771/2006 is filed by defendants 4 and 5 in the suit. 2. The suit was filed for a declaration that the 1st plaintiff- confederation is the properly and validly constituted union in the Kerala State Electricity Board and for a declaration that the plaintiffs 2 to 4 are the persons entitled to the office of the 1st plaintiff Confederation as General Secretary, Assistant General Secretary and Treasurer respectively. The trial court directed the 1st defendant to give protection from transfers to the office-bearers of the 1st plaintiff confederation and a mandatory injunction is issued protecting the 1st defendant to call the office bearers of the 1st plaintiff confederation for participating in the conferences convened by him under the trade union law. The certificate issued on 8.7.1996 by the 2nd defendant is also declared invalid and an order for permanent prohibitory injunction restraining defendants 3 to 5 R.S.A. Nos. 560 & 771 of 2006 -2- and others from proceeding with any activities based on the above said certificate, is also granted. 3. The 1st appeal preferred by the defendants 4 and 5 in the suit , and one M.Sulaiman Rawther and R.Somasekharan Nair( who were impleaded in the first appellate stage as additional appellants 3 and 4 ) was dismissed by confirming the judgment and decree of the learned Munsiff. 4. The dispute mainly relates to, is as to whether the plaintiffs can represent the Kerala State Electricity Employees Confederation and if so , the reliefs in the suit and the prayer for mandatory and permanent prohibitory injunction are liable to be allowed. 5. Going by clause 13(k) and 13(i) of Ext.A1, the delegate session is the competent body of the confederation to elect, remove or expel the office bearers of the confederation. The trial court found that the meeting held on 30.9.1995 and the delegate session are in conformity with provisions of the byelaw of the confederation and the State annual session of the confederation which was convened on 5th and 6th February 1996 is in accordance with the byelaw of the confederation and as such the decision taken in those meetings were proper and valid. The dispute in these second appeals relates to the meeting convened on 30.9.1995 , R.S.A. Nos. 560 & 771 of 2006 -3- the delegate session and the state annual session convened on 5th and 6th February 1996. 6. In subsequent years the above said meetings were convened periodically and office bearers were elected from time to time. In such circumstances, the validity of the meeting held on 30.9.1995 and the delegate session and state annual session held on 5th and 6th February 1996 are reduced to academic value. In fact, there is no necessity to go into the merits There is no necessity for deciding the second appeals on merits because the subject matter of the second appeals has become academic. Therefore the decree and judgment passed by the trial court which were confirmed in 1st appeal, which are under challenge in the second appeals, are set aside. In the result, the second appeals are disposed of as above. No order as to costs. (HARUN-UL-RASHID, JUDGE) es. HARUN-UL-RASHID, J. --------------------------- R.S.A. Nos. 560 & 771 of 2006 ---------------------------- JUDGMENT 31st November, 2009