ICICI BANK LTD Vs. SURENDRA CHELAWAT

JUDGEMENT

(1.) Heard the learned Counsel for the parties.

(2.) By this petition, under Articles 226 and 227 of the Constitution of India, petitioner-Original respondent challenges the order dated 31st May, 2010 passed by the learned Presiding Officer, 12th Labour Court, Mumbai below Exhibit-C-3, rejecting petitioner's application about preliminary issue. Petitioner-Original respondent has filed application below Exhibit C-3 where the preliminary issue raised in the present case, whether Central Government is appropriate Government and not the State Government. He submits that in view of section 4 of the Industrial Disputes (Banking and Insurance Companies) Act, 1949, Central Government is appropriate Government. Section 4 reads thus:--

(3.) In support of his submission, he relied on the judgment of this Court in the matter of Prakash Pandurang Sawant v. Punjab & Sindh Bank and others, 2007 114 FLR 675, and in the matter of National Building Construction Corporation v. Shri Ram Pal Singh and another, 1997 4 AllMR 285. He submits that in view of the provisions of section 4 of the Banking Act and the two authorities cited, the State Government is not appropriate Government. Therefore, the impugned order passed by the Labour Court dated 31st May, 2010 and the Judgment dated 31st July, 2010 passed by the Industrial Court in Revision Application (ULP) No. 101 of 2010 is liable to be set aside to that extent.