Bombay High CourtCAW/62/2019dismissedrule discharged

Union Of India, Through General Manager, Central Railway, C.S.T., Mumbai And Another v. M/S Central Railway Employees Consumer Co-Op. Society, Thr. Administrator, Nagpur And Another

2019-01-28Hon'Ble Shri Justice Z.A. Haq2 pages

1 caw62.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAW) NO.62/2019 IN WRIT PETITION NO.173/2017(D) Union of India and another ..Vs..

M/s Central Railway Employees Consumer Co-operative Society and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri N.P. Lambat, Advocate for the petitioners. Shri P.V. Ghare, Advocate for the respondent No.1. CORAM : Z.A. HAQ, J.

DATE : 28.1.2019.

Heard.

The Estate Officer had passed an order directing the Consumer Co-operative Society to vacate the premises. This order was challenged by the Consumer Co-operative Society before District Court in appeal which was allowed. Order passed by the learned District Judge was challenged by the Union of India before this Court in writ petition which is allowed by the judgment dated 21st December, 2018.

Now this civil application is filed by the Consumer Co-operative Society praying that the Union of India be directed to release the amount deducted by it from the salary of members of the Consumer Co-operative Society. The application is opposed by the Union of India.

2 caw62.19 After examining the matter, I find that the alleged deduction made by the Union of India from the salary of the office employees (members of Consumer Co-operative Society) was not subject matter of the proceedings. Hence, prayer made in this civil application cannot be considered. The civil application is dismissed. No costs.

JUDGE Tambaskar.