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Bombay High CourtWP/1984/2014disposed off

Bank Of India v. The General Secretary And ANR.

2016-04-06Hon'Ble Shri Justice S.C. Gupte2 pages

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905. wp 1984-14.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1984 OF 2014 Bank of India ...

Petitioner

Versus

The General Secretary, Bank of India Staff Union And Another ..

Respondents .....

Mr. Lancy D'Souza a/w Ms. Deepika Agarwal i/b V.M. Parkar for the Petitioner.

Mr. M.N. Ingle, Senior Manager, Witness No.1 present. Respondents' Advocate absent.

Mr. Prakash V. Patil, Sub-Staff (Peon) of Bank of India/concerned workman present.

Mr. Rajendra M. Sakre, Witness No.2 present.

.....

CORAM : S.C.GUPTE, J.

DATE : 6 APRIL 2016.

P.C. :

.

The learned Counsel for the Petitioner and the workman whose termination is the subject matter of the controversy in the petition, tender Consent Terms duly signed by them, in front of witnesses. The workman's cause was being espoused by Respondent No.1-Union. Respondent No.1-Union is represented by an Advocate. The Advocate has remained absent over the last couple of dates. On 5 April 2016, this Court directed the Advocate for Respondent No.1-Union to appear before the Court on

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905. wp 1984-14.doc today's date without fail. The Petitioner's Advocate was directed to communicate this order to Respondent No.1-Union's Advocate. Inspite of this, Respondent No.1-Union's Advocate chooses to remain absent even today. The concerned workman, however, is present in person and requests the Court to dispose of this petition in terms of the Memorandum of Settlement signed by him. In the premises, the following order is passed.

: O R D E R :

A} The Memorandum of Settlement signed by the parties, in the presence of the Representatives of the petitioner as well as Witness No.1, who has witnessed the signature of the Constituted Attorney of the Petitioner, and also in the presence of the Secretary, are taken on record, marked 'X' for identification;

B} Writ Petition is disposed of in terms of the Memorandum of Settlements;

C} No order as to costs.

(S.C.GUPTE, J.)