Madras High Court
V.M.Nagarajan vs The President & Secretary on 6 February, 2025
Author: T.V.Thamilselvi
Bench: T.V.Thamilselvi
S.A.No.602 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :06.02.2025
CORAM
THE HON'BLE MRS. JUSTICE T.V.THAMILSELVI
S.A.No.602 of 2024
and
CMP.No.19320 of 2024
V.M.Nagarajan ...appellant
Vs
The President & Secretary,
South India Cine & T.V.Makeup Artists
and Hair Stylist Union,
No.47-A, Kamarajar Salai,
AVM Colony, Virugambakkam,
Chennai-600 092 ... Respondent
PRAYER: Second Appeal filed Under Section 100 of the Civil Procedure
Code, against the Judgment and decree dated 30.01.2024 passed in
A.S.No.3 of 2023 on the file of the III Additional City Civil Court, Chennai
in O.S.No.2934 of 2013 on the file of I Assistant Judge, City Civil Court,
Chennai, dated 21.09.2022.
For Appellant : Mr.R.BalaGuru Swamy
For Respondent : No appearance
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S.A.No.602 of 2024
JUDGMENT
The appellant has filed this Second Appeals against the judgment and
decree dated 30.01.2024 passed in A.S.No.3 of 2023 on the file of the III
Additional City Civil Court, Chennai in O.S.No.2934 of 2013 on the file of
I Assistant Judge, City Civil Court, Chennai, dated 21.09.2022.
2. Heard, Mr.R.BalaGuru Swamy, learned counsel for the appellant
and perused the material available on record. Notice was issued to the
respondent, but no one appeared, and the respondent's name was also
printed in the cause list.
3. For the sake of convenience, the parties herein are referred to as
they were ranked in the original suit.
4. Challenging the reversal findings of the First Appellate Court, the
appellant has preferred this appeal.
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5. Before the trial court, the plaintiff filed a suit praying for a relief of
Mandatory injunction directing the 1st defendant to enrol the plaintiff as
regular member of the 1st defendant society after receiving the subscription
with arrears upto date consequentially and to issue renewal of ID card in
favour of the plaintiff. As per the plaintiff's case, he has been a member of
the First Defendant's society as a makeup artist since 1977 and had paid the
membership fees up to 2008, covering nearly 31 years. Due to ill health, he
was unable to pay the subscription for approximately five years, resulting in
the non-renewal of his membership. However, he expressed his willingness
to pay the arrears and requested the respondent society to accept his claim,
which was declined. Consequently, he approached the court and filed the
suit.
6. Before the trial court, both the parties adduced oral and
documentary evidence. On the side of the Plaintiff, the plaintiff was
examined as PW-1 and Ex.A1 to ExA17 were marked. On the side of the
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defendant, former Secretary of the defendant was examined as DW-1 and
another witnesses was examined as D.W.2 and Ex.B1 was marked.
7. Upon considering the oral and documentary evidence, the learned
trial judge held that the plaintiff was entitled to the restoration of his
membership which is from the year 1977, subject to condition on payment
of arrears of subscription as contemplated in Rule 5 of the By-laws of the
union. Accordingly, suit was decreed in favour of the plaintiff.
8. Challenging this decision, the defendant / society preferred an
appeal A.S. No. 3 of 2023. The learned first appellate judge independently
analyzed the evidence and facts, ultimately concluding that although there
was a rule, the plaintiff was not entitled to claim a renewal of his
membership as a matter of right. Consequently, the findings of the trial
court were set aside. The present appeal has been filed challenging this
appellate judgment.
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9. This Court admits the Second appeal on the following substantial
questions of law.
"a. Whether the rule 5 of the respondent union permits
to restore the membership by paying arrears of subscription
without specified period on the conclusion of Executive
committee has empowered the President / Secretary without
findings of the committee is proper and legally valid?
b. Whether once the membership of the union ceased,
has the retirement or death benefits such as welfare benefits
has to be ceased without considering the 31 years prolonged
membership not on the ground of disciplinary proceedings
but mere default in subscription of membership?"
10. It is an admitted fact that the plaintiff was a member of the society
from 1977 to 2008. Thereafter, due to financial constraints arising from ill
health, he was unable to pay the subscription for about five years. As a
makeup artist, he approached the respondent society to renew his
membership, but his request was refused, leading to the present suit.
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11. Upon considering the entire evidence, the learned trial judge
concluded, as per By-law Rule 5, that membership could be renewed.
However, the learned first appellate judge held that the plaintiff was not
entitled to claim such renewal as a matter of right, implying that the
decision lay at the discretion of the society.
12. The learned counsel for the appellant submits that the by-laws
empower the executive committee to restore the membership, but this
provision was not properly appreciated by the appellate court. Upon perusal
of the by-laws of the respondent society, particularly Rule 5, "Every
ordinary member shall pay a monthly subscription of Rs.10/-. Any member
who fails to pay his subscription for three consecutive months shall cese to
be a member and shall forfeit is claim to any benefit from the Union from
the date of his easing to be a member. The executive committee, may
however restore the membership of such person if he pays off his arrears of
subscription. the honorary members are exempted from payment of
subscription." It is evident that the executive committee is empowered to
restore the membership if the arrears are paid.
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13. Since the by-laws permit the executive committee to restore
membership, and given that the plaintiff is ready to pay the arrears, the
denial of renewal is unjustified. Admittedly, he was a member for over 30
years and regularly paid his subscription. Due to a short period of non-
payment caused by illness, he was deprived of his membership and its
associated benefits.
14. Considering that the plaintiff is a makeup artist and the society is
meant for the welfare of artists, he should be allowed to avail the benefits of
the society. The primary objective of the society is to support the welfare of
artists. Therefore, the findings of the learned first appellate judge are set
aside.
15. The plaintiff is entitled to the renewal of his membership upon
payment of the arrears. The executive committee of the society is directed to
accept the arrears and renew his membership. The plaintiff is granted a
period of three months from the date of receipt of this order to complete the
renewal process.
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16. Accordingly, the second appeal is allowed. Consequently, the
connected miscellaneous petition is closed. There shall be no order as to
costs.
06.02.2025
Index : Yes/No
Neutral Citation : Yes/No
Speaking/Non Speaking order
rri
To
1. The III Additional City Civil Court, Chennai
2.The I Assistant Judge, City Civil Court, Chennai,
3.The Section Officer, VR Section, High Court of Madras.
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T.V.THAMILSELVI, J.
rri
and
06.02.2025
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