Syndicate Bank Officers Association v. Union Of India And ORS.

rsk 1 / 2 217-1-NMW-489-10.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.489 OF 2010 IN WRIT PETITION NO.1350 OF 2008 Syndicate Bank Officers Association

...Petitioner

vs.

Union of India and Ors.

...Respondents

AND WRIT PETITION NO.928 OF 1994 All India Central Bank Officers Federation and Anr.

...Petitioners

vs.

Union of India and Ors.

...Respondents

----- Mr. K. P. Anilkumar for Petitioner in WP No.1350/2008. Mr. Sagar Amrut Rane i/b Mr. R. Z. Moray for Petitioner in WP 928/1994. Mr. Suresh Kumar for the Respondents and for Applicant in NMW No.489/2010.

Mr. Netaji Gawde a/w. Mr. Rahul Sanghvi i/b Sanjay Udeshi & Co. for Respondent No.4.

----- CORAM : K. R. SHRIRAM AND AMIT B. BORKAR, JJ.

DATE : 16 DECEMBER 2021.

P. C. :

This is a Notice of Motion to recall order dated 14/12/2009 lodged on 8/9/2010. This Court by its order dated 14/12/2009 restrained Respondent No.4 i.e. Canara Bank from deducting taxes from the salary of

rsk 2 / 2 217-1-NMW-489-10.doc the employees on the basis of circular dated 22/5/2007 and remitting the same to the Income Tax Department.

2.

Revenue wants that the order be recalled.

3.

We are not inclined to grant the relief prayed in the motion because:

a) That order was passed on 14/12/2009 and has been in force for almost 14 years;

b) The motion itself was taken two and half years after the order came to be passed; and c) The motion itself would not have been listed before us today had the Court not directed the petition to be listed for final hearing.

4.

Moreover at the request of respondent, petitions are listed on 17/12/2022 for final hearing.

5.

Accordingly, Notice of Motion stands disposed. (AMIT B. BORKAR, J) (K. R. SHRIRAM, J.) by RAJESHWARI SUBODH KARVE Date:

2021.12.18 14:00:39 +0530 RAJESHWARI SUBODH KARVE