Bombay High Court
The Chief Executive Officer Osmanabad ... vs Gorakh Sambhaji Kamble on 6 August, 2024
1 941
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
941 WRIT PETITION NO. 1292 OF 2021
THE CHIEF EXECUTIVE OFFICER OSMANABAD JANTA SAHAKARI
BANK LTD TULJAPUR
VERSUS
VYANKATESH PANDURANG GOVARDHAN
...
Advocate for the Petitioner : Mr. A. N. Irpatgire
Advocate for Respondent : Mr. A. V. Patil Indrale
...
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...
CORAM : ARUN R. PEDNEKER, J.
DATE : 06th AUGUST, 2024
PER COURT:
1. Learned counsel appearing for the Bank submits that there
was no deduction of 10% made from any of the employees so also the
Bank did not make profits as such corpus from the profits of the Bank for
dispersal is not available. In the instant case, there is no deduction made
and that the Bank did not make profit from which the corpus could be
generated. Assuming that the scheme was in operation, there is no funds
generated which can be disbursed.
2. Per contra, learned counsel appearing for the employees
submits that there was separate fund generated for this particular scheme
and that the deletion of the employees contribution of the employees was
only for the reason that substantial profits were generated by the Bank.
3. Learned counsel appearing for the employees submits that
the deletion as regards the scheme if at all is read into the
settlement, the same cannot be done without following the process as is
available under the Bombay Industrial Relations Act.
4. With reference to the submissions made by the employees,
learned counsel appearing for the petitioner / Bank submits that the
change is brought by settlement with the Bank by the employees and
various other benefits were granted under the settlement which the
employees have accepted. The employees having accepted the benefits
which are brought about by way of settlement cannot resile from the
settlement having accepted the same.
Therefore according to learned counsel for the Bank, the
defence is devoid of merits.
5. List this matter for further consideration, on 30.08.2024, at
03:30 p.m.
6. Parties are directed to give brief synoptical notes of
arguments along with Judgments relied.
[ARUN R. PEDNEKER, J.]
marathe
