1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.776 OF 2009 WITH CIVIL APPLICATION NO.969 OF 2009 Mr. R.V.Shetty .. Appellant V/s. National Federation of General Insurance Employees Union & Ors., .. Respondents. Mr. Ashod D. Shetty with Ms. Rita K. Joshi, for Appellant Mr. Mahesh Y. Dhuri, for Respondent Nos. 1 to 6, Mr. Shukla i/b. Desai & Diwanji, for Respondent No.7. CORAM: R.S.MOHITE, J. DATED: 11th AUGUST, 2009. P.C.: 1. This Appeal is filed by the Original Defendant No.1 against an Order passed by the City Civil Court in Notice of Motion taken out by the Original Plaintiff. The Plaintiff has filed S.C. Suit No.1138 of 2006 for various reasons as mentioned in the plaint. Plaintiff Nos. 2 to 6 are the present Office bearers who are entitled to be in-charge of the Plaintiff No.1 federation. The Original Defendant No.2 who has filed this appeal was admittedly General Secretary Srj 2 of Defendant No.1 Federation. By the impugned order, certain deductions from the salary of the workers employed by Defendant No.2 have been directed to be distributed through Plaintiff No.1 Union. The Court has taken a precaution and directed the party to submit accounts so that it can be ascertain the position as to whether the money has been properly appropriated. It is the case of the Federation that they are only entitled to Rs.10/- per year and the balance amount collected by workers are to be distributed to the affiliated unions, since the Federation has received money on their behalf. 2. In this regard, reliance was placed upon decision taken in the General Council Meeting held on 8th September, 2003. This decision pertains to the amount which was to be deducted from 4 classes of employees. In the Affidavit in support, it is stated that as a matter of practice, the employer was deducting the amount due to all affiliated unions and was paying the same to the Federation for distribution. This aspect of matter has not been denied. On the contrary, in para 13 of the impugned order, the Court has recorded that collection and distribution was admitted by Defendant Nos. 1 and 2. If this was not correctly recovered, they should have immediately approached the Trial Srj 3 Court for speaking to the minutes of order, but this has not been done. 3. I also prima facie find that the Federation is only entitled to retain Rs.10/- per year as affiliated fee and it is the only amount that can be given to the General Fund, and requires to be distributed,in accordance with clause 33 of the Constitution. This being the position, no fault can be found in the impugned order. It is made clear that the payment to such employee will be without prejudice to the right and contentions of parties. Subject to these directions, A.O. and C.A. rejected. 4. Needless to say that the Trial Court will be at liberty to scrutinize the account, if any allegations are made regarding the mis-utilization of monies. (R.S.MOHITE, J.) Srj