Co-Operative Bank'S Employees Union v. The Chairman, Sangli Jillah Prathamik Shikshan Sahakari Bank Ltd. And ANR.

23 wp 14058-16=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

WRIT PETITION NO. 14058 OF 2016 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Meelan Topkar for the Petitioner.

Mr. Abhay Nevagi a/w Sandesh Shukla i/b Abhay Nevagi & Asso. for the Respondent No.1.

CORAM : K. K. TATED, J.

DATED : 10/03/2017 P.C.:

.

Heard learned Counsel for the parties.

By this petition under Article 227 of Constitution of India, the Petitioner is challenging the order below Exh. U-2 dated 10.11.2016 passed by Industrial Court at Sangli in complaint (ULP) No. 68 of 2016 dismissing the petitioner's application for interim relief under Section 30(2) of M.R.T.U & P.U.L.P. Act, 1971.

In the present proceeding, the petitioner filed complaint under Section 28 r/w Item Nos. 3,9 and 10 of Schedule IV of M.R.T.U. & P.U.L.P. Act, 1971 challenging the transfer order dated 16.09.2016 issued by the Respondent Bank in respect of petitioner's seven members. During the pendency of the present petition, Varsha Tanaji Mane expired and Sureshkumar Uddhav Patil and Atul Jaywant Mali Sneha Chavan 1/2

23 wp 14058-16=.doc were suspended.

The learned Counsel for the petitioner submits that Respondent declared bonus in the year 20152016 at 8.33%. For payment of said bonus, the Respondent's officer demanded some money and therefore, the petitioner's members filed police complaint dated 04.09.2016 with Vita Police Station, Vita.

The learned Counsel for the petitioner submits that respondent bank with malafide intention to harass the petitioner issued transfer order immediately on 16.09.2016. These facts are not considered by the Industrial Court at the time of passing the impugned order dated 10.11.2016 rejecting their application for interim relief. It is to be noted that all affected members of the petitioner were transferred by the Respondent in Sangli District itself. The distance is not more than 20 to 22 kms. This fact was considered by the Industrial Court in details.

As the main complaint is pending for hearing and final disposal on its own merits, I do not find any substance to entertain the present Writ Petition. Hence, Writ Petition stands dismissed.

(K.K.TATED, J.) Sneha Chavan 2/2