TMI Blog1960 (6) TMI 25X X X X Extracts X X X X X X X X Extracts X X X X ..... employees of the Hindusthan Co-operative Insurance Society Limited and to give effect to their basic pay in accordance with law for the purpose For fitting in with the new scale adopted by the Life Insurance Corporation of India and for other reliefs. The petitioner has no personal interest in the matter and is seeking to get redress for the ex-employees of the Hindusthan Co-operative Insurance Society Limited. 2 to 12. (After stating the facts and discussing the merits of the claim His Lordship proceeded:) On the merits, the claim of the ex-employees of the Hindusthan Co-operative Insurance Society Limited cannot be upheld. Apart from this, Mr. Chowdhury, learned counsel for the respondents, raised a number of technical objections in b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ions were not in a position effectively to safeguard the interests of the employees of the Hindusthan Co-operative Insurance Society Limited. (b) To meet the situation the various old unions of employees of Life Insurance Companies in Calcutta met in a convention held in Calcutta on August 4 and 5, 1956 and resolved to form a trade union organisation of the Life Insurance Employees of all offices of the Life Insurance Corporation of India situated within the territory covered by the Calcutta division of the Corporation. (c) The newly formed Trade Union Organisation was named the Calcutta Division Life Insurance Employees' Association. (d) At an Extraordinary general meeting of the old Hindusthan Insurance Employees' Associa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as granted by the latter Association at its meeting held at Calcutta on October 24 and 25, 1956. (h) The persons on whose behalf the application has been made are all members of the Calcutta Division Life Insurance Employees' Association a registered trade Union, and the petitioner Pradip Ranjan Paul, the first General Secretary of the Eastern Zone Insurance Employees' Association on the information of the said association continues to hold that office. (i) As such General Secretary the petitioner used to carry on correspondence with the authorities of the Life Insurance Corporation of India on behalf of the various unions of the Eastern Zone and such correspondence would show that the petitioner has been recognised as the Gen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of his contention that even these did not permit representation by a secretary and the petition was not by Eastern Zone Insurance Employees' Association but its General Secretary, It was contended that the said rules did not give the General Secretary power to conduct litigation and in any event the General Secretary is not an ex employee of Hindusthan Co-operative Insurance Society Limited. In my view, it is not necessary to consider the rules of the Association at all. 16. Mr. Chowdhury relied on several decisions of the Supreme Court in support of his contention that no body unless affected by a law or act personally could challenge it. In Charanjit Lal Chowdhury v. Union of India , Fazl Ali, J., approved of the dictum in Mc Cab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dia it must be shown that the respondents or some of them were competent to grant the relief prayed for. He drew my' attention to certain sections of the Life Insurance Corporation Act, 1956. Under Section 18 Sub-section (1) of the Act the central office of the Corporation must be situate at such place as the Central Government may, by notification in the official gazette, specify. Under an appropriate notification the central office has been located at Bombay but under Sub-section (2) the Corporation has to establish various Zonal Offices including one at Calcutta. Under Section 19(1) the Corporation may entrust the general superintendence and direction of its affairs and business to an Executive Committee Consisting of not more than f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... writing has not been disclosed I cannot come to the conclusion that it authorised the respondent No. 1 to deal with the matter. This difficulty could easily have been got over by demanding justice of the Life Insurance Corporation of India and making the Corporation a party respondent herein but that course has not been adopted. 18. Mr. Chowdhury also argued that as no demand has been made on the Zonal Manager for the reliefs sought in this case the application was not maintainable. He drew my attention to Exhibit D. E. F. and G. annexed to the petition which showed that the person before whom the claims of the ex-employees of the Hindusthan Co-operative Insurance Society Ltd. were being pressed was the Chairman, Life Insurance Corporati ..... X X X X Extracts X X X X X X X X Extracts X X X X
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