M/S Thane Bharat Sahakari Bank Ltd. v. Co-Operative Bank Employees Union, Thane

11-cp-113-2017 rrpillai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 113 OF 2017 Thane Bharat Sahakari Bank Ltd and Ors.

... Petitioner vs.

Co-operative Banks Employees Union,Thane ... Respondents Through its General Secretary ..........

Mr. Kiran Bapat for the Petitioner Mr. Meelan Topkar for the Respondent.

..........

CORAM : A.K. MENON, J.

th APRIL, 2018 DATE : 17 P. C.

1.

By this Writ Petition the petitioner bank has challenged an order dated 9 th December, 2016 passed in Reference (IC) No. 1 of 2015 for interim relief filed by the Union by which Industrial Court granted relief in terms of prayer clause 14(c) directing the bank to pay 10% per month raise of commencing from 26 th February, 2016 to date of the application till disposal of the reference. 2.

Mr. Bapat who appears in support of the petition states that they have already granted a 11% pay raise which occasioned in the usual course and as set out in a statement of adhoc payment that is made for the period 1 st April, 2016 to st July, 2016 and in the instant case the 10% raise allowed by the impugned order would require the bank to demand 1% refund from the employees.

11-cp-113-2017 3.

Having heard the parties I find that the impugned order and the directions in paragraph 2 are passed on the interim application while the main reference is yet to be disposed. In my view it is always open to the petitioner to canvass this aspect when the ,main reference is considered on merit. The aforesaid the impugned orders do not call for any interference at this stage. The writ petition same is disposed of as above.

( A.K. MENON, J.)