PRAVIN V. DESAI Vs. BHARATI SAHAKARI BANK

JUDGEMENT

(1.) These are cross Petitions filed by the Employer-Bank and its ex-employees challenging the judgment and order dtd. 24/1/2007 passed by the Member, Industrial Court, Pune partly allowing Revision Petitions filed by the employees and setting aside the judgment and order dtd. 27/2/2006 passed by the Labour Court, Pune. The Labour Court had dismissed the complaints of unfair labour practices relating to termination of the employees by order dtd. 27/2/2006. While setting aside the order of the Labour Court, the Industrial Court has directed reinstatement of the employees with continuity of services and 25% backwages from the date of dismissal.

(2.) Writ Petition Nos.1434 of 2007 and 1426 of 2007 are filed by the Bank challenging the order of reinstatement with 25% backwages whereas Writ Petition Nos.4196 of 2008 and 4085 of 2008 are filed by the employees to the limited extent of denial of full backwages.

(3.) Brief facts leading to filing of the Petitions are that Bharati Sahakari Bank Ltd. (the Bank) is a co-operative society registered under the provisions of Maharashtra Co-operative Societies Act, 1960 and is engaged in banking business. The two employees- Shri Pravin V. Desai and Shri Vitthal R. Sasane were employed in the bank. They were apparently members and office bearers of the union formed by the bank employees. Five reports were submitted by the security officer of the Bank to its Chief Executive Officer reporting that on 22/12/1995, 29/12/1995, 1/1/1996, 2/1/1996 and 3/1/1996 several employees had conducted demonstrations at the Head Office of the Bank by shouting slogans against bank officials. The Bank accordingly issued show cause notice dtd. 1/1/1996 in respect of the incidents dtd. 22/12/1995 and 29/12/1995 to the employees. It appears that further show cause notice dtd. 6/1/1996 was issued in respect of the incident dated 1, 2 and 3/1/1996. On 6/1/1996 similar demonstrations were held and accordingly third show cause notices dtd. 15/1/1996 were issued to the employees. It appears that such show cause notices were issued to total 5 employees viz., Mr. Pravin Vijay Desai Mr. Vitthal R. Sasane, Mr. R.B. Mali, Mr. V.V. Jadhav and Mr. Sanjay K. Dharme. Thereafter charge-sheets dtd. 15/2/1996 were issued to the said five employees. After receipt of charge-sheets, one of the employees-Mr. Sanjay K. Dharme tendered apology for his conduct and he was accordingly let-off by merely suspending him for two days. The Enquiry was however, continued in respect of balance four employees viz. Mr. Pravin Vijay Desai Mr. Vitthal R. Sasane, Mr. R.B. Mali and Mr. V.V. Jadhav. The Enquiry Officer held the charges levelled against the said four employees to be proved. The Bank therefore proceeded to terminate the services of the said four employees. The termination orders were questioned by the said four employees by filing complaints of unfair labour practices before the Labour Court, Pune.