Disposed

Co-Operative Bank Employees Union, Ratnagiri v. Dapoli Urban C-Operative Bank Limited, Dapoli through Chairman and Ors.

Bombay HC15 Nov 2011LPA/344/2011

Case brief

AI extract

What is this about?

The Court disposed of an industrial dispute appeal consensually by setting aside lower orders and directing the Labour Court to expeditiously decide an application from the Bank regarding interim order modification, permitting candidate selection pending the decision.

What did the court decide?

Lower orders set aside. Labour Court directed to decide Bank's application within 3 months. Bank permitted to select candidates pending decision but barred from issuing appointment orders without leav

Co-Operative Bank Employees Union, Ratnagiri… — Labour and Industrial Disputes | Bombay HC (2011)

lpa-344-11gr.sxw

dgm

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

¶5

CIVIL APPELLATE JURISDICTION

¶6

LETTERS PATENT APPEAL NO.344 OF 2011 IN

¶7

WRIT PETITION NO. 7546 OF 2011

¶8

ALONG WITH

¶9

CAL/413/2011

¶10

Cooperative Bank Employees Union, Ratnagiri

¶11

.... Appellant

¶12

¶13

Dapoli Urban Cooperative Bank Ltd., Dapoli through Chairman and ors. .... Respondents

¶14

Mr. M. S. Topkar for the Appellant.

¶15

Mr. Rakesh Bhatkar for the respondents.

¶16

CORAM: D. K. DESHMUKH &

¶17

ANOOP V. MOHTA, JJ.

¶18

DATE : November 15, 2011

¶19

P.C.:

¶20

Admit. Heard finally by consent of parties.

¶21

2 By consent, the Appeal is disposed of in the following terms:

¶22

(i) The order passed by the Industrial Court in Revision and the

¶23

lpa-344-11gr.sxw

¶24

¶25

order passed by the learned Single Judge dated 13 October 2011 in Writ Petition No.7546/2011 are set aside.

¶26

(ii)In case the Respondent/Bank applies to the Labour Court for vacation or modification of the interim order dated 3 February 2011 passed by the Labour Court and produces documents in support of its application, the Labour Court shall consider that application in accordance with law and pass appropriate order thereon.

¶27

(iii)It is agreed between the parties that while considering that application, the Labour Court shall consider the question whether in view of the evidence produced by the Bank, the interim order deserves to continue or is liable to be vacated. However, the material that will be produced by the Bank, the Labour Court will not refuse to consider on the ground it was not previously produced.

¶28

(iv)The Labour Court shall hear and dispose of the application to be filed by the Bank as expeditiously as possible and in any case within a period three months from the date of making of the application.

¶29

(v)During the pendency of that application, the Bank shall be at liberty to proceed further for selection of candidates for the

¶30

lpa-344-11gr.sxw

¶31

¶32

vacancies which have been advertised. However, the appointment order shall not be issued without seeking leave of the Labour Court.

¶33

(vi)It goes without saying that the Appellant shall be at liberty to file reply and produce further documents in case an application as aforesaid is made by the Bank.

¶34

3 The LPA stands disposed of in the aforesaid terms. No costs.

¶35

4 CAL/413/2011 is also disposed of accordingly.

¶36

(ANOOP V. MOHTA, J.)

¶37

(D. K. DESHMUKH,J.)

Co-Operative Bank Employees Union, Ratnagiri v. Dapoli Urban C-Operative Bank Limited, Dapoli through Chairman and Ors.

Case brief

What is this about?

What did the court decide?

Co-Operative Bank Employees Union, Ratnagiri v. Dapoli Urban C-Operative Bank Limited, Dapoli through Chairman and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

Similar cases

Rammurthy Ramkhelawan Pal Vs Nirmala Rammurti Pal and Ors.

Divisional Railway Manager Vs Mrs. Prabhavati Ramgarib B.

Tukaram Kana Joshi and Ors. Vs Midc and Ors.

Parvati Babji Kudtarar Vs the Competent Authority, Mumbai

Rajiv L. Sagtani and Ors. Vs the Pune Municipal Corporation, through Commissioner, and Ors.

Yashwant S/O Kisan Nagrale Vs the State of Maharashtra and Ors.