LAWS(BOM)-2016-8-270

RAMESH DEWOO DHAMANKAR Vs. THE BANK OF INDIA OFFICERS ASSOCIATION, BANK OF INDIA BHAVAN, 70/80, MAHATMA GANDHI ROAD, FORT, MUMBAI 400 023 AND OTHERS

Decided On August 29, 2016
Ramesh Dewoo Dhamankar Appellant
V/S
Bank Of India Officers Association Respondents

JUDGEMENT

(1.) The writ jurisdiction of this Court under Art. 226 of the Constitution of India is invoked against the order dated 07.09.2012 passed by the Learned Member of the Industrial Court, Mumbai. By which order, the application Exh.U-53 filed by the Petitioner herein to call for the Investigating Officer for the purposes of cross-examination came to be disposed of with a direction to both the parties submit their queries to the Industrial Court on or before next date and after hearing both the parties the Industrial Court will scrutinise the said carefully and submit the queries to the Investigating Officer to be answered by the Investigating Officer.

(2.) The proceedings in question being Application (ICTU) No.03 of 2006 have been filed under the provisions of Sec. 28-A(1) of the Trade Unions Act, 1926. The said proceedings have been filed for conducting an enquiry into the allegations of misappropriation made by the Petitioner against the office bearers of the Respondent No.1 union. It is required to be noted that under Sec. 8 of the MRTU & PULP Act, 1971, the State Government may, by notification in the Official Gazette, may appoint such number of Investigating Officers for any area as it may consider necessary, to assist the Industrial Courts and Labour Courts in the discharge of their duties. In terms of Sec. 9 of the MRTU & PULP Act, 1971, the Investigating Officer is to be under the control of the Industrial Court, and shall exercise powers and perform duties imposed on him by the Industrial Court.

(3.) Having regard to the scope of the instant Application (ICTU) No.03 of 2006, an application was made by the Petitioner for appointment of an Investigating Officer to look into the allegations made against the office bearers of the Union. An order accordingly came to be passed allowing the said application and one Shri. K. N. Dharmadhikari working with the Industrial Court was appointed as the Investigating Officer. The Applicant thereafter filed application Exh.U-20, in which application amongst the relief sought was of being permitted to cross BGP. examine the Investigating Officer. The said application came to be partly allowed by order dated 12.06.2009 and permission was granted by the Learned Member of the Industrial Court to cross-examine the Investigating Officer. It seems that during the pendency of the proceedings, the said Investigating Officer retied. The Investigating Officer therefore filed an application being Exh.O-20 for setting aside the said order dated 12.06.2009. The said application came to be rejected. However the following directions came to be issued:-