Kolhapur District Bank Employees Union v. Kolhapur District Central Co-Operative Bank Limited

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IN THE HIGH COURT OF JUDICATURE AT MUMBAI

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1992 OF 2014 IN WRIT PETITION NO.5840 OF 2013 Kolhapur District Bank Employees' Union ...

Applicant Vs.

Kolhapur District Central Co-operative Bank Limited... Respondent Mr. Abhay Nevagi a/w. Mr. Sandesh R. Shukla i/b. Abhay Nevagi & Associates for Applicant.

Mr. Tejpal Ingale for Respondent.

CORAM

: R. G. KETKAR, J.

DATE : FEBRUARY 6, 2015 P.C.:

Heard Mr. Nevagi, learned Counsel for applicant and Mr. Ingale, learned Counsel for respondent at length.

2.

By this application, the applicant-original respondent in the Petition has prayed for issuing direction to the opponent herein to pay wages at par with similarly situated employees. Mr. Ingale submitted that the applicant herein has instituted Complaint (ULP) No.200 of 2010 under Section 28 read with Items 5 and 9 of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 before the Industrial Court at Kolhapur. Along with that complaint, applicant has also taken out application under Section 30(2) thereof and has prayed for direction to the opponent to pay to all the employees in annexure-A, wages equal to wages paid to the permanent employees working on the same post. He submitted that the complaint and the application for interim relief is pending. In view thereof, Mr. Nevagi seeks permission to withdraw this Petition with a liberty to pursue the interim relief application. 1/2

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In view thereof, application is allowed to be withdrawn with liberty as prayed for. It is made clear that pendency of the main Petition will not preclude the Industrial Court, Kolhapur to proceed with the hearing of the application for interim relief.

(R. G. KETKAR, J.) Minal Parab 2/2