The Veerashaiva Co-Op. Bank Ltd. (In Liquidation) And ORS. v. Co-Operative Bank Employees Union

wp 10265 of 2017 (943).sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10265 OF 2017 The Veerashaiva Co-op. Bank Ltd.

( In liqn. ) and Ors.

...

Petitioners versus Co-operative Bank Employees Union ...

Respondent Dr. D.S.Hatle with Mr. Deepak Jamsandekar, for Petitioners. Mr. G.R.Naik i/by M/s. G.R.Naik and Co., for Respondents. CORAM: S.J. KATHAWALLA, J.

DATE: 13th NOVEMBER, 2017 P.C.:

1.

Heard the learned Advocates for the parties and the following order is passed :

(i) The Petitioners are restricting their grievances in the present Writ Petition only to the extent of paragraph No.3 of the impugned order dated 23-06-2017 passed by the Member, Industrial Court, Mumbai, which reads thus : "3.The Applicants are hereby directed to give the work to concern 39 employees on a contractual employment for fixed salary for running of the activities of liquidation.

"

2.

It is stated on behalf of the Petitioners that 15 employees have been employed on a contractual basis from the date of the order of liquidation i.e. 30-12SSP 1/2

wp 10265 of 2017 (943).sxw 2011 to carry out the work pertaining to recovery proceedings; the said 15 employees who are recruited are the ex-employees of the Bank; if at this stage, they are replaced the same will cause grave inconvenience to the Bank; in the event of the Bank requiring any more employees ( i.e. over above 15 employees) to work for them, they shall employ individuals from the list of 39 employees on a contractual employment for fixed salary and shall not employ any other employee. The statements are accepted.

3.

The impugned order stands modified only to the above extent. 4.

The parties and their Advocates agree that no detail reasons be given in support of this order.

5.

In view of the above, the Writ Petition is disposed off. ( S.J.KATHAWALLA, J. ) SSP 2/2