G Ganapathy vs State Bank of India Officers Association Chennai C

Arb A.No.773 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
RESERVED ON
PRONOUNCED ON
09.09.2026
16.10.2026
CORAM
THE HON'BLE MR.JUSTICE K.KUMARESH BABU
Arb Appln.No.1892 of 2026
Mr.G.Ganapathy
… Applicant
Vs
State Bank of India Officers' Association
(Chennai Circle),
a Trade Union registered under the Trade
Unions Act,1926,
Rep., by its General Secretary,
(Regd.No.2/MDS), having its registered office at
86, Rajaji Salai, Chennai – 600 001. ..Respondent(s)
PRAYER:- This Arbitration Application had been filed under Order XIV Rule
8 of O.S.Rules r/w Section 9 (2) (a) (d) of the Arbitration and Conciliation Act,
1996 to stay the operation of the order dated 28.07.2026 bearing reference
ORG/20/2026 passed by the respondent removing the applicant from the
Executive Committee and from the primary membership of the respondent
pending constitution of the Arbitral Tribunal under Bye-law 39 of the
respondent's Bye-laws and pending final disposal of the arbitral proceedings to
be initiated thereunder
For Appellant(s): Mr.M.Santhana Raman
For Respondent(s): Mr.R.Shivakumar
for M/s.K.M.Vijayan Associates
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Arb A.No.773 of 2026
ORDER
This Application had been filed to stay the operation of the order, dated
28.07.2026 bearing reference ORG/20/2026 passed by the respondent removing
the applicant from the Executive Committee and from the primary membership
of the respondent pending constitution of the Arbitral Tribunal under Bye-law
39 of the respondent's Bye-laws and pending final disposal of the arbitral
proceedings to be initiated.
2. Heard Mr.M.Santhana Raman, learned counsel appearing for the
applicant and Mr.R.Shivakumar, learned counsel appearing for the respondent.
3. The learned counsel appearing for the applicant would submit that the
applicant had joined the services of the State Bank of India and had enrolled
himself as a member of the respondent Association. He was elected as a Deputy
Regional Secretary of the Madurai Module in the year 2020 and thereafter was
elected as Regional Secretary of the Madurai Module in the elections held in
April 2024. He would submit that owing to his election to the said post, he also
holds the position of the Correspondent of SBOA CBSC School, Madurai, ex
officio which is managed by the SBI Educational Trust. He would submit that
various other benefits are also bestowed on the elected representatives. An
untoward incident due to the conduct of the one Deputy Manager, who was also
holding the post of Zonal Secretary, Zone-II, Madurai of the Association, the
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Arb A.No.773 of 2026
applicant was abused both physically and verbally inside the back premises.
Hence, the applicant had given a written complaint against the said person and
there was a counter complaint against the applicant much belatedly. To maintain
a harmony and on the intervention of the President and the General Secretary of
the Association, the applicant had withdrawn his complaint, but however, as
promised the third party had not withdrawn the complaint. In that regard, the
applicant was called upon by the General Secretary to submit an explanation on
the basis of the complaint given by the third party, without even furnishing the
copy of the complaint. Thereafter on a request made by the applicant, the
complaint copy was given and explanation was also submitted to by the
applicant. He would submit that a fast inquiry committee was constituted which
was wholly biased and prejudicial to the interest of the applicant. Inspite of
bringing to notice of the biased nature in which a committee was formed,
whereunder it was sought to change the Committee, the General Secretary had
declined the request. In violation of the canons of principles of natural justice
and other administrative principles, an order of removal was made, however
even before the same, the respondent had announced appointment of a Regional
Secretary by co-option and such an appointment was also wholly bad on the
date of such co-option, the applicant was still performing in the post of Regional
Secretary. He would submit that he would also be discontinued from his
primary membership and hence, it is just necessary that the order of removal
would have to be stayed, otherwise it would cause severe prejudice to the
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Arb A.No.773 of 2026
applicant, as the applicant would not be even a primary member of the
association and would also be denied of the various benefits in that regard.
4. Countering his arguments, the learned counsel appearing for the
respondent would submit that there has been a valid removal of the applicant
from the membership of the respondent association for his acts of violation that
had been committed by him as against an other office bearers of the association.
That apart, he would submit that such a valid exercise of the powers vested
under the bye-law by the Executive Committee cannot be attempted to be
throated by the applicant which could be redeemed by filing an appeal before
the General Body as per the bye-laws of the association. He would submit that
the bye-laws provide a mode of adjudication namely an appeal as specified
under clause 76, the attempt made by the applicant to invoke a clause of
Arbitration cannot be applicable to the facts of the present case and the
applicant cannot be entitled for any relief under Section 9. That apart, he would
submit that the issue is not arbitrable and only remedy available with the
applicant would be approaching the competent Civil forum in that regard.
Hence, he seeks dismissal of the application.
5. I have considered the submissions made by the learned counsels
appearing on either side and perused the materials placed on record.
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Arb A.No.773 of 2026
6. On the allegations of a misconduct by the applicant, the applicant was
proceeded with under the bye-laws of the respondent association and thereafter,
had been removed not only from the elected post of Regional Secretary, but also
from the primary membership of the association. Clause 35 to 44.2 deals with
the role of the Executive committee. Clause 74 to 81 deals with the
removal/cessation of member/Office-bearer. Under the clause 74, the Executive
Committee had been vested with the power to remove from the membership of
the association from any member whose conduct in the opinion of the
committee is contrary or detrimental to interest of the association. If a member
is removed, he has a right to file an appeal to the General Body. Clause 79 deals
with the removal of a member of the executive committee. No appeal had been
filed for removal from the Executive committee. Clause 39 which has been
relied upon for arbitration envisages that any dispute with regard to the
interpretation of the bye-law or where the bye-laws are silent or any action of
the Secretariat/Office bearers, would have to be referred to the Executive
Committee and if the serious differences on the decision of the Executive
Committee, then the same shall be referred to a voluntary arbitration. It is only
clause which provides for an arbitration under the bye-law. For better
appreciation, the aforesaid clause 39 is extracted hereunder:-
“ 39. Any dispute in regard to the interpretation of these
Bye-laws or where the bye-laws are silent or any action of
the Secretariat/Office bearers, there under shall be referred
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Arb A.No.773 of 2026
to the Executive Committee at the next meeting who after
hearing all the disputants shall decide the matter. If
serious difference arises on the decision of the Executive
Committee on a matter of substantial importance, the
dispute shall be referred to voluntary arbitration. For this
purpose the Executive Committee shall constitute a panel of
arbitrators and lay down procedures for reference of
disputes for arbitration. No member shall approach any
Court of law for redressal of such grievances without
availing the above mentioned domestic forum. ”
7. A reading of the said bye-law as indicated above would mean that only
if differences arise in the Executive committee on the interpretation of a bye-
law or where the bye-laws are silent/any action of the Secretariat/Office bearers,
there is a difference arising on the decision of the Executive committee only
then such matters could be referred to arbitration.
8. When that being the interpretation, this Court is of the view that the
applicant for resolving a dispute that arises out of his removal from membership
of the association including his elected post cannot be subject matter of an
arbitration, as there is no arbitration clause for resolving such a dispute.
9.In that regard, this Court is of the view that the present Section 9
Application is not maintainable and the same is accordingly dismissed.
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Arb A.No.773 of 2026
However, there shall be no order as to costs.
16.10.2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
Pbn
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Arb A.No.773 of 2026
K.KUMARESH BABU, J.
PBN
A Pre-delivery Order made in
Arb Appln.No.1892 of 2026
16.10.2026
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