SINDHUDURG DISTRICT CENTRAL CO-OP. BANK LTD., THROUGH ITS GENERAL MANAGER AND ORS. Vs. CO-OPERATIVE BANK EMPLOYEES UNION AND ORS.

JUDGEMENT

(1.) THIS is a Revision under section 85 of the Bombay Industrial Relations Act, 1946 by some of original Accused challenging legality of order passed below their Application (Exh. C -8) for recalling order of issuing process against them in Criminal Complaint (BIR) No. 3 of 1999 by the Labour Court, Kolhapur, whereby relief of recalling order of issuing process is rejected. Admittedly, present Respondent No. 1 Co -operative Bank Employees Union, Sindhudurg is a Union registered under the Trade Unions Act and is also representative and approved Union under the Bombay Industrial Relations Act for the banking industries in all the local areas of Sindhudurg District (hereinafter referred to as the Approved Union). Present Petitioner No. 1 Sindhudurg District Central Co -operative Bank Ltd., Kudal is registered under the Maharashtra Co -operative Societies Act and is also an undertaking under the B.I.R. Act (hereinafter referred to as the Bank). Petitioner No. 2 is its General Manager petition No. 3 is its Chairman whereas other Petitioners are Directors (hereinafter referred to as the Accused).

(2.) THE approved Union filed above complaint on 18th October 1999 before the Labour Court, Kolhapur alleging that it communicated list of protected employees for the year 1999 -2000 to the Bank on 24th September 1999. One Mr. Ulhas Ranade who is Vice -President of the Union is one of them. Thus, Shri Ranade is protected employee under section 101(2 -B) of the Bombay Industrial Relations Act. As such, he cannot be dismissed without express permission in writing of the Labour Court as prodded under section 10(2A) of the Bombay Industrial Relations Act. Even then, Bank's General Manager dismissed him from service by an order dated 30th September 1999. The dismissal is without any enquiry or permission of the Labour Court. Bank's some directions are members of its Executive Committee, wherein resolution to dismiss Shri Ranade was passed. As such, the Bank, its General Manager, Chairman and other Directors have committed an office under section 101(2A) punishable under section 109 of the Bombay Industrial Relations Act.

(3.) LEARNED Labour Court on examining Union's General Secretary upon oath issued show cause notices to all the Accused as to why process should not be issued against them. All the Accused then appeared through Advocate on 1st November 1999 and sought time to file say, but did not file say despite an opportunity. Learned Labour Court then observed that there is sufficient ground for proceeding and directed to issue process against all the Accused for Officers under section 101(2A) of the Bombay Industrial Relations Act, vide order dated 14th July 2000.