Bharati Sahakari Bank Ltd. v. Bank Karmachari Sangh And ANR.

sat 1/2 wp 959-2002 & 960-2002.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 959 OF 2002 WITH WRIT PETITION NO. 960 OF 2002 Bharati Sahakari Bank Ltd.

...Petitioner

vs.

Bank Karmachari Sangh, Pune & Anr.

....Respondents Mr.Vinod Tayade I/b. Piyush Shah for Petitioner. Mr.Nitin A. Kulkarni with Avinash Belghe for Respondent No.1. CORAM : S.C. GUPTE, J.

16 JUNE 2016 P.C. :

The central issue in the present petition concerns identity of the appropriate Government with respect to a dispute between the Petitioner, which is a multi-state co-operative bank and its workmen. In the present case, the complaint is made to Industrial Court at Pune on the footing that the State Government is the appropriate Government in relation to the industrial dispute concerning the bank. The impugned order is challenged on the footing that the appropriate Government is the Central Government, since the Petitioner bank is registered under the Multi-state Co-operative Societies Act, 1984, on and from 29 April 1999. The Supreme Court, in its judgment in the case of Bharat Cooperative Bank (Mumbai) Ltd. vs. Co-operative Bank Employees Union1, has categorically stated that the appropriate Government in relation to the multi-state bank, carrying on business in more than one state, would be the State Government. In view of this position, which covers the controversy in the present case, there is no merit in the petitions and the same are dismissed. No order as to costs.

2007 II CLR 160

sat 2/2 wp 959-2002 & 960-2002.doc At the joint request of both Counsel, the hearing of the complaint before the Industrial Court is expedited.

(S.C. Gupte, J.)