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Calcutta High Court

Ing Vysya Bank Ltd vs All India Ing Vysya Bank Employees' ... on 15 March, 2011

Author: Sanjib Banerjee

Bench: Sanjib Banerjee

                       GA No. 759 of 2011
                        CS No. 54 of 2011
               IN THE HIGH COURT AT CALCUTTA
                Ordinary Original Civil Jurisdiction
                         ORIGINAL SIDE

                    ING VYSYA BANK LTD.
                           Versus
 ALL INDIA ING VYSYA BANK EMPLOYEES' UNION (REGD) & ANR.


BEFORE:
The Hon'ble JUSTICE SANJIB BANERJEE

Date : 15th March, 2011.

Appearance:

Mr. Ranjan Deb, Sr. Adv.
Mr. Arijit Banerjee, Adv.
Mr. Arunabha Ghosh, Adv.
Mr. A. Chakraborty, Adv.
The Court : The plaintiff apprehends intimidation and militancy in course of demonstrations and protest to be held by its employees. The plaintiff relies on several notices issued on behalf of the unions and the internal communication between the unions and their members.
The unions are represented. The unions say that it is unfortunate that the plaintiff has brought the action since the past conduct of the employees would not justify the apprehension that is indicated in the petition. The defendants give an assurance that there would be no form of intimidation during the course of employees' 2 demonstrations which would be peacefully held and there would be no abusive language used or coercion or denial of access to the plaintiff's branches by the members of the unions.
In view of the assurance, the plaintiff does not insist on any immediate order.
Affidavit-in-opposition be filed within three weeks without prejudice to the defendants' contention that the suit may not be maintainable and that a substantial part of the cause of action has no nexus with this Court. Affidavit-in-reply thereto, if any, be filed before the matter is taken up. The matter will appear as an adjourned motion in the monthly list of May, 2011. Formal service of notice of motion is waived.
The parties say that conciliation proceedings are fixed for later today and it is hoped that neither side would take any steps that could precipitate the matter but try and resolve the disputes amicably.
All parties concerned are to act on signed photocopies of this order on the usual undertakings.
(SANJIB BANERJEE, J.) bp.
A.R(C.R)