R. A. MEHTA, J. ( 1 ) THE appellant-original plaintiff is a Class III employee in City Civil Court Ahmedabad and the respondent is City Civil Court Staff Welfare Association. The question is about the continuation of the appellant as a member of the Welfare Association. The contention of the respondent-Welfare Association is that the appellant having resigned as a member of the Class III Employees Union be automatically ceases to be the member of the Welfare Association. Reliance has been placed on amended Rule 2 which reads as under:"2 All persons who are members of the Ahmedabad City Civil Court Class III Servants Union and are interested in furtherance of the objects of the association contained in the Memorandum of Association and are accepted by the Association shall be eligible for membership". The unamended Rule reads as follows:"all persons who are in Class III cadre of the Ahmedabad City Civil Court establishment and who are interested in furtherance of the objects of the Association contained in the Memorandum of Association and are accepted by the Association shall be eligible for membership". The rule is said to have been amended in the general meeting of the members of the Association held on 64-1981. The appellant. resigned from the Union (vide letter dated 3-10-1985 ). The resignation came to be accepted by the President of the Association on 18-6-1986. It is stated that the Chairman of the Union and the President of the Association are one and the same person. The endorsement is as follows:"accepted. In view of the amended rules of the Association be is to be treated; as discharged and be may be paid his deposit after deducing the dues if any". The appellant has not accepted the amount. It also appears that since the contributions are not deducted from his salary towards the Welfare Association be filed a Civil Suit on 27-9-1988 wherein interim relief is sought on the basis that be continues to be the member of the Association and that the respondent be restrained from interfering with the rights of the appellant to continue as the member of the Welfare Association. ( 2 ) THE learned trial Judge dismissed the said application by his judgment and order dated 15/01/1989 Hence the appellate has preferred this appeal against that order. ( 2 ) THE learned trial Judge dismissed the said application by his judgment and order dated 15/01/1989 Hence the appellate has preferred this appeal against that order. ( 3 ) IT must be noted that this is not the interim stage and therefore the observations made by the learned trial Judge as well as by me in this appeal from order are necessarily tentative and prima facie. The membership of the union is open to all the employees of the City Civil Court Ahmedabad as per Rule 3 of the Union Rules and in fact it has been fairly stated on behalf of the respondent that it has no objection in registering and again admitting the appellant as a new member of the Union and consequently of the Welfare Association. The appellant also agree without prejudice to his rights and contentions to make such an application for enrolment as a member. The controversy between the parties is therefore very narrow and it is limited to the question whether the appellant can be said to be continuing as original member and holding such membership or whether he had ceased to he a member. ( 4 ) THE learned Counsel for the appellant has submitted that there is no provision under which a person who has already become a member of the Association automatically ceases to be the member of the Association and has pointed out Rule 6 wherein provision is made for cessation of membership of the Association and it is submitted that if he loses the benefit of his past membership he will suffer irreparably in the matter of benefits. ( 5 ) ON behalf of the respondent-Association the learned Counsel has submitted that it is only the members of the Union who are eligible to became members of the Welfare Association and one who is not a member of the Union or who ceases to be a member of the Union would automatically cease to be the member of the Association. It is also submitted that the appellant has ceased to be a member of the Association since June 1986 and the suit has been filed in September 1988 i. e. after two years and therefore because of that delay the equitable relief of injunction ought not be granted when there is no irreparable loss and no prima facie case in favour of the appellant and therefore the trial Court has rightly refused interim relief pending the suit. ( 6 ) THE learned trial Judge has held that the plaintiff has no prima facts case and looking to the amended Rule 2 he is not eligible to become member of the defendant-Association till he becomes member of the Union. ( 7 ) THE learned trial Judge has taken a too simplistic view of the matter and the language of amended Rule 2. The amended Rule 2 is about the eligibility for becoming a member and not for continuing as a member. This question would require very serious consideration. It is not that every condition of eligibility for becoming a member is always and necessarily a condition for Continuing as a member and in any case it cannot be an automatic consequence following cessation of the membership of the Union Rule 6 provides that a member shall cease to be a member of the Association in the specified four contingencies. Rule 6 reads as under: "6 A member shall cease to be a member of the Association: (I) if the annual subscription of the Association is in arrears for 12 months and the Governing Council resolves to remove him from the membership for that reason (II) if the member resigns his membership by a notice in writing addressed to the secretary of the Governing Council. (III) if the member is expelled from the Association be the Governing Council under powers conferred by the next following rules (IV) the Governing Council may by majority of the members present at any meeting expel any member whose conduct in the Opinion of the Governing Council has been detrimental to the interest of the Association provided that the member so proposed to be expelled shall be given an opportunity of explaining his conduct. An expected member be readmitted on his making a fresh application to the Governing Council and in the opinion of the Governing Council he deserves to be readmitted. An expected member be readmitted on his making a fresh application to the Governing Council and in the opinion of the Governing Council he deserves to be readmitted. Thus the ordinary member ceases to be a member if be is in arrears of subscription for over 12 months and the Governing Council resolves to remove him or the ordinary member resigns his membership by notice in writing or is expelled from the Association by the Governing Council or the Governing Council expels him for misconduct. Thus the cessation of membership is expressly provided by Rule 6. ( 8 ) MOREOVER the original Rule 2 did not provide for the eligibility of Union membership. Thus the appellant was eligible to become ordinary member of the Association even without becoming member of the Union. He was member of the Union till he resigned from the Union and he was also member of the Association. Because of the differences in the Union he resigned from the Union. He has not resigned from the membership of the Association because one of the contingencies for cessation of membership of the Association is by resignation of membership of the Association by a notice in writing. Thus there is a very serious and strong prima facie case which is required to be gene into by the trial Court on interpretation of Rules 2 and 6. Rule 3 also has some bearing on the interpretation regarding the scheme of the Rules. Unamended Rule 20 contemplated that any Class III servant can become a member of the Association but for becoming a member of the Governing Council he has to be a member of the Class III Union. Thus the entire scheme of the Rules is required to be considered for giving proper effect and to gather the intention of the Rules and it cannot be said that the appellantplaintiff has no prima facie case. ( 9 ) MOREOVER the respondent is a registered Public Trust and in respect of this change effected in the constitution an application was made to the Charity Commissioner for recording the change. However that application came to be dismissed for default. That proceeding will have also to be gone into and it will have to be ascertained as to what will be the effect of change in the constitution without the approval of Charity Commissioner. However that application came to be dismissed for default. That proceeding will have also to be gone into and it will have to be ascertained as to what will be the effect of change in the constitution without the approval of Charity Commissioner. ( 10 ) IT is also to be noted that under unamended Rule 34 the power to amend the Rules vested in the Governing Council. It is not Seen from the record whether the Governing Council had passed the resolution. The resolution which has been placed at Ex. 24/2 is a resolution passed by the general body. That resolution of the general body cannot have the effect of amending Rule 2 because under Rule 34 it is only the Governing Council who has power to make the amendment in the Rules. Mr. Gandhi learned Counsel for the respondents has stated that the Governing Council had passed the necessary amendment and it was approved by general body. It may be so but the record does not show. ( 11 ) ON the contrary the record shows otherwise. Mr. Gandhi learned Counsel for the respondent-Association has placed a xerox copy of the proceedings for amendment. The minutes of the meeting of the Governing Council held on 13-3-1981 show that the members expressed their opinion about the suggestions regarding amendment. The proposals were discussed threadbare and the Secretary was directed to make combined rules incorporating the suggestions and place them before the Committee again. It is also recorded that it was unanimously agreed and resolved that if at all the amendments are to be made. they are to be made only after the bailiffs and Class IV employees fulfil the provisions of resolution No. 2 passed at the meeting held on 7-3-1981. The minutes of the meeting of Governing Council held and 2-4-1581 show that it was decided to place a proposed amendment before the general meeting called for that purpose. Thus the Governing Council itself had not passed the amendment but sent the proposed amendment for consideration of the general meeting. the minutes of the extraordinary general meeting held on 6-4-1981 show that the general meeting approved the amendment as per the typed copy pasted in the next two pages of the minutes. Thus the Governing Council itself had not passed the amendment but sent the proposed amendment for consideration of the general meeting. the minutes of the extraordinary general meeting held on 6-4-1981 show that the general meeting approved the amendment as per the typed copy pasted in the next two pages of the minutes. (These are the amendments which are sought to be relied upon as effective amendments.) The minutes also show that it was unanimously revolved to send the same for approval of the Charity Commissioner only after the suit filed by there members of Class IV employees is withdrawn from the Court. Prom the above a serious question arises as to whether these amendments have come into force at all. First of all it is not passed by the Governing Council which is the only competent authority under Rule :4 of the Rules. Secondly it is not approved by the Charity Commissioner. Thirdly it is shown as to whether the bailiffs and Class IV employees have fulfilled the provisions of resolution No. 2 dated 7-3-1981. In view of these questions it requires serious consideration. Where is a strong prima facie case in favour of the appellant. ( 12 ) IN any view of the matter there is a strong prima facie case in favour of the appellant and if be is not treated as continued member of the Association he would not get the benefits as the old member and he would lose those benefits which might be required at any time. On the contrary there is no irreparable loss to the respondentassociation because if any benefit occurs it can be compensated in terms of money and therefore there is no reason why the interim relief as prayed for should not be granted. ( 13 ) IN the result the appeal succeeds and the impugned judgment and order dated 18/01/1989 passed by the learned City Civil Judge Court No. 8 Ahmedabad below Ex. 5 in Civil Suit No. 5032 of 1988 is quashed and reversed and the Interim relief as prayed for in the notice of motion (para-10-a) is granted. the appellant is also directed to make an application for being the member of the Union without prejudice to his rights and contentions and the respondent-Association is also directed to accept the arrears of contribution and subscriptions from the appellant without prejudice. to its rights and contentions. the appellant is also directed to make an application for being the member of the Union without prejudice to his rights and contentions and the respondent-Association is also directed to accept the arrears of contribution and subscriptions from the appellant without prejudice. to its rights and contentions. Appeal is allowed accordingly with no order as to costs. ( 14 ) AT the request of the learned Counsel for the respondent the operation of this order is stayed for a period of three weeks from today. Appeal allowed. .