G.S. DHARA SINGH versus E.K. THOMAS & ORS.

G.S. DHARA SINGH versus E.K. THOMAS & ORS.

Workers who cease to be members of a trade union are entitled to demand an account and claim a refund of amounts received by the trade union from management for and on their behalf, as such amounts were not shown to have become part of the general funds under any binding scheme or settlement; civil courts have jurisdiction to entertain such suits, which are not barred by the Payment of Gratuity Act, 1972 or Workmen's Compensation Act, 1923.

Parties
Petitioner: G.S. OHARA SINGH; Respondent: E.K. THOMAS; Respondent: K.K. Surendran; Respondent: Cochin Port Thozhilali Union (General Secretary); Respondent: President, Cochin Railway Forwarding Agents Association
Jurisdiction
India
Judgment Date
09 August 1988
Procedural Posture
Special Leave Petition (civil) / Supreme Court Decision on Appeal From High Court Judgment
Outcome
Special Leave Petition dismissed; judgment of High Court affirmed.
Legal Topics
Trade Union Funds, Refund/accountability by Office Bearers, Civil Jurisdiction, Resignation From Trade Union
Labour Law Civil Procedure Trade Union Funds Refund/accountability by Office Bearers Civil Jurisdiction Resignation From Trade Union

Case Brief

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Parties

G.S. OHARA SINGH

Petitioner

E.K. THOMAS

Respondent

K.K. Surendran

Respondent

Cochin Port Thozhilali Union (General Secretary)

Respondent

President, Cochin Railway Forwarding Agents Association

Respondent

Procedural Posture

Special Leave Petition (civil) / Supreme Court Decision on Appeal From High Court Judgment

Legal Issues

  1. 1 Whether a worker who resigns from a trade union is entitled to demand an account and refund of amounts received by the trade union from management for and on his behalf.
  2. 2 Whether the civil suits for such refund/account are maintainable in civil court or barred by Payment of Gratuity Act, 1972 and Workmen's Compensation Act, 1923.

Ratio Decidendi

Workers who cease to be members of a trade union are entitled to demand an account and claim a refund of amounts received by the trade union from management for and on their behalf, as such amounts were not shown to have become part of the general funds under any binding scheme or settlement; civil courts have jurisdiction to entertain such suits, which are not barred by the Payment of Gratuity Act, 1972 or Workmen's Compensation Act, 1923.

Court Disposition

Special Leave Petition dismissed; judgment of High Court affirmed.

Orders

  • Petitioner and respondent no. 3 to render account of amounts received towards accident benefit fund and gratuity for specified period to former members who resigned.
  • Each plaintiff entitled to proportionate share as per account rendered.