Bombay High Court
Central Bank Employees Union vs Central Bank Of India And Another on 22 October, 2020
Author: N.R.Borkar
Bench: K.K.Tated, N.R.Borkar
(5)WP-725-17
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally
signed by
Rajshree
ORDINARY ORIGINAL CIVIL JURISDICTION
Rajshree More
More Date:
2020.10.23
14:47:11
+0530 WRIT PETITION NO.725 OF 2017
Central Bank Employees Union ] .. Petitioners
v/s.
Central Bank of India & Anr. ] .. Respondents
Mr.Sanjay Singhvi, Senior Advocate a/w Mr.Vivekanand Akshali,
Bhavesh P., Mr. Rajesh Sahani i/b Mr.Devmani Shukla for Petitioner.
Mr.Sudhir Talsania, Senior Advocate a/w Mr.Vishal Talsania, Mr.Sanjay
Udeshi and Mr.Akshay Udeshi i/b M/s. Sanjay Udeshi & Co. for
Respondent No.1.
Mr.R.V. Govilkar, for Respondent No.2.
CORAM: K.K.TATED &
N.R.BORKAR ,JJ.
DATE : 22nd OCTOBER, 2020.
P.C. :
1] Heard learned counsel for parties.
2] By this Petition under Article 226 of the Constitution of India,
Petitioner is seeking direction against respondent/Bank to start their check-off facility i.e. the Bank to deduct workers contribution for the Union from their salary and pay it to the Union.
RK MOre 1 of 4
(5)WP-725-17
3] On last two occasions, matter was adjourned for settlement.
Today both the learned senior counsel submit that matter is settled between parties.
4] Learned senior counsel for Petitioner has filed additional affidavit dated 21st October, 2020 alongwith a copy of letter dated 21st October, 2020 addressed to Respondent i.e General Manager, HRD, Central Bank of India. The letter/Undertaking dated 21 st October, 2020 reads thus :
" The Central Bank Employees Union, Mumbai, tender its sincere apology for the incidents that occurred inadvertently during 2014-15, which resulted in withdrawal of our Check-Offacility by the Management of Central Bank of India, Mumbai Metroplitan Zonal Office vide order No.MMZO/ FGM/201516/21 dated 27.07.2015.
A new team of Office Bearers of CBEU, Mumbai, has been elected. All of us are totally raw hands, who need the active co-operation of the Management at all level so that we wll be able to adopt a new path of constructive approach in our working.
We, hereby assure of our best co-operation for the all- round progress of our esteemed Institution.
The Central Bank Employees Union, Mumbai, shall withdraw all the pending litigation filed against Central Bank of India relating to the withdrawal of Check-off facility.
We, further, undertake that in future also good behaviour shall be continued and all the members of our Union will do their best in the interest of the Bank. Discipline and decorum shall be maintained by our Union.
Disciplinary action, if any, in process at any level or concluded against any individual employee/officers in connection with any incident which led to the withdrawal of Check-off facility of CBEU, Mumbai, shall remain unaffected by this apology/undertakiing.
RK MOre 2 of 4
(5)WP-725-17
In view of the above, our request for restoration of check-off facility be considered."
5] The Affidavit alongwith letter is taken on record. Undertaking given by the Petitioner to Respondent/Bank in letter dated 21st October, 2020 is accpeted.
6] Learned senior counsel appearing on behalf of Respondent/ Bank on the basis of instructions received from Respondent/Bank states that they are ready and willing to restore the check-off facility to the members of the Petitioner- Union from the salary of October, 2020 payable in the month of November, 2020 in view of the letter dated 2st October, 2020. Statement is accepted.
7] Learned senior counsel for Petitioner submits that in view of the statement made by learned senior counsel for respondent and their affidavit dated 21st October, 2020, the Petitioner may be permitted to withdraw the present Writ Petition. Same is permitted. Hence,following order is passed :
a] Writ Petition stands disposed of as withdrawn in view of the affidavit dated 21st October, 2020 alongwith letter dated 21st October,2020 by the Petitioner to respondent/Bank, as well as RK MOre 3 of 4 (5)WP-725-17 statement by learned senior counsel for respondent that they are going to restore the check-off facility immediately, as stated hereinabove.
b] No order as to costs.
c] This order will be digitally signed by the Personal Assistant of this Court. All concerned will act on a digitally signed copy of this order.
[N.R.BORKAR, J] [K.K.TATED, J] RK MOre 4 of 4