Full Text
Translation output
HIGH COURT OF DELHI
I FAO (OS) 252/2013, CM APPL.7989/2013
ASHOK KUMAR Appellant
I FAO (OS) 252/2013, CM APPL.7989/2013
ASHOK KUMAR Appellant
FAO (OS) 289/2013, CM APPL.9326, 9327/2013
ASHOK KUMAR & ANR. Appellants Thi-ough: Mr. Ramji Srinivasan, Sr. Advocate with
Mr. Saket Silai, Ms. Ekta K. Sikii and Mr. Sudeep Day, Advocates.
ASHOK KUMAR & ANR. Appellants Thi-ough: Mr. Ramji Srinivasan, Sr. Advocate with
Mr. Saket Silai, Ms. Ekta K. Sikii and Mr. Sudeep Day, Advocates.
VERSUS
STATE BANK OF INDIA (DELHI CIRCI.E)
& ANR Respondents Tlu'ough: Mr. Sandeep Sethi, Sr. Advocate with
Ms. Tara V. Ganju, Advocate.
& ANR Respondents Tlu'ough: Mr. Sandeep Sethi, Sr. Advocate with
Ms. Tara V. Ganju, Advocate.
CORAM:
HON'BLE MR. JUSTICE S. RAVINDRA BHAT
HON'BLE MR. JUSTICE NAJMIWAZIRI
27.08.2013 During the course of submissions, Mr. Sandeep Sethi, learned Senior counsel on behalf of the respondents submitted that the appellants' rights to challenge the disciplinary order culminating in expulsion and the right to challenge the election process culminating in the declaration of election results can be the subject matter of separate challenges, in terms of the internal mechanism applicable to the trade union contained in Bye Laws
57, 61 and 62. It is submitted that the appellants' representation/petitions, in that regard would be duly considered and decision given by the concerned authority, i.e., the Election Tribunal (in respect of the disputes concerning the election process and the election results) and the General
2013:DHC:6977-DB ff)
Council (in respect of the disputes concerning disciplinary proceedings ending with expulsion).
Mr. Ramji Srinivasan, learned Senior counsel appearing on behalf of the appellants submitted that all rights and contentions in respect of both the sets of proceedings should be expressly reserved and that any adverse order either of the General Council or by the Election Tribunal, would be subject matter of arbitrationunder Bye Laws 27 (c). This positionwas not disputed and was in fact agreed upon by the respondents' Senior counsel
Mr. Sandeep Sethi, duly instructed by the members of the respondent trade union.
In the light of the above submissions, it is directed that any representation/petitions made by the appellants to the General Council and the Election Tribunal, shall be dealt with in accordance with the Bye Laws applicable to the respondent trade union and a decision be taken as early as possible and preferably within sixmonths so as to enable speedy resolution of these disputes. The right of the appellants to challenge any adverse finding in either case is expressly reserved. All rights and contentions are also likewise reserved. The learned Single Judge's observations and findings to the extent they are contrary to the above directions are hereby set aside.
HON'BLE MR. JUSTICE NAJMIWAZIRI
27.08.2013 During the course of submissions, Mr. Sandeep Sethi, learned Senior counsel on behalf of the respondents submitted that the appellants' rights to challenge the disciplinary order culminating in expulsion and the right to challenge the election process culminating in the declaration of election results can be the subject matter of separate challenges, in terms of the internal mechanism applicable to the trade union contained in Bye Laws
57, 61 and 62. It is submitted that the appellants' representation/petitions, in that regard would be duly considered and decision given by the concerned authority, i.e., the Election Tribunal (in respect of the disputes concerning the election process and the election results) and the General
2013:DHC:6977-DB ff)
Council (in respect of the disputes concerning disciplinary proceedings ending with expulsion).
Mr. Ramji Srinivasan, learned Senior counsel appearing on behalf of the appellants submitted that all rights and contentions in respect of both the sets of proceedings should be expressly reserved and that any adverse order either of the General Council or by the Election Tribunal, would be subject matter of arbitrationunder Bye Laws 27 (c). This positionwas not disputed and was in fact agreed upon by the respondents' Senior counsel
Mr. Sandeep Sethi, duly instructed by the members of the respondent trade union.
In the light of the above submissions, it is directed that any representation/petitions made by the appellants to the General Council and the Election Tribunal, shall be dealt with in accordance with the Bye Laws applicable to the respondent trade union and a decision be taken as early as possible and preferably within sixmonths so as to enable speedy resolution of these disputes. The right of the appellants to challenge any adverse finding in either case is expressly reserved. All rights and contentions are also likewise reserved. The learned Single Judge's observations and findings to the extent they are contrary to the above directions are hereby set aside.
FAO (OS) 252/2013 andFAO (OS) 289/2013 are disposed off
S. RAVINDRA BHAT, J ^AZIRI,J AUGUST 27, 2013 /vks/
2013:DHC:6977-DB
S. RAVINDRA BHAT, J ^AZIRI,J AUGUST 27, 2013 /vks/
2013:DHC:6977-DB
JUDGMENT