Bombay High Court
The Nagpur District Central ... vs The Maharashtra State Cooperative Bank ... on 25 September, 2019
Author: Rohit B. Deo
Bench: R. B. Deo
wp7923of18.odt 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION 7923 OF 2018
(The Nagpur District Central Cooperative Bank Ltd..vs..The Mah. State Co Op Bank
Employees Union)
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Office Notes, Office Memoramda of Coram,
appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
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Shri S.S. Ghate, counsel for petitioner.
Shri S.R. Bhongade, counsel for respondent.
CORAM: ROHIT B. DEO, J.
DATE : 25th SEPTEMBER, 2019 The learned counsel have been heard at length.
2 This Court is not persuaded to agree with the submission of the learned counsel for the petitioner Shri S.S. Ghate that the award of the Wage Board under the provisions of the Maharashtra Industrial Relations Act, 1946 would neither be an award nor settlement nor agreement within the meaning of Item 9 Schedule IV to Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971.
3 However, a statement is made that if the order of the Wage Board or for that matter, the order impugned is implemented, the banking operation shall come to a grinding halt, which statement is seriously disputed by learned counsel Shri S.R. Bhongade.
4 Shri S.R. Bhongade points out the observation of the learned Industrial Court which is to the effect that the ::: Uploaded on - 26/09/2019 ::: Downloaded on - 27/09/2019 01:51:44 ::: wp7923of18.odt 2 petitioner-bank earned profit of Rs. 40 crores in the Financial Year 1.4.2017 to 30.3.2018. Shri Bhongade would submit that considering that according to the petitioner bank the financial liability is not more than Rs.13 crores, the statement that if the judicial order is complied with, the bank would be forced to close down, is incorrect and exaggerated.
5 Shri S.R. Bhongade would further submit that in any event lack of financial ability cannot be a justification not to implement a judicial order, as is the settled position of law.
6 Shri S.S. Ghate, the learned counsel invites my attention to an agreement/settlement between the petitioner- bank and the recognized Union after the award of the Wage Board. Shri S.S. Ghate would submit that even the settlement contemplates that the arrears shall be paid by the bank to the employees subject to the payment of arrears not exceeding 2% of the management cost.
7 In view of the rival submissions, the petitioner- bank is permitted to file on record an affidavit sworn by the Administrator personally explaining the financial status of the bank and in particular giving the details of the Profit & Loss Account for the preceding three years. The Administrator shall also state on affidavit whether the bank is in a position to undertake that a particular amount shall be paid per month to the employees towards the arrears and pursuant to the order of the Industrial Court. The affidavit shall be filed on or ::: Uploaded on - 26/09/2019 ::: Downloaded on - 27/09/2019 01:51:44 ::: wp7923of18.odt 3 before 3.10.2019 failing which the Administrator shall remain present on 4.10.2019.
8 Stand over to 4.10.2019.
JUDGE RSB ::: Uploaded on - 26/09/2019 ::: Downloaded on - 27/09/2019 01:51:44 :::