Co.Operative Bank Worker'S Union ... vs V.M.Hingorani Or His Successor
2022 Latest Caselaw 10100 Guj

     C/SCA/9237/2007                             ORDER DATED: 14/12/2022




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 9237 of 2007

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     CO.OPERATIVE BANK WORKER'S UNION THRO' IT'S PRESIDENT
                             Versus
           V.M.HINGORANI OR HIS SUCCESSOR & 2 other(s)
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Appearance:
MR HEMANG M SHAH(5399) for the Petitioner(s) No. 1
MR ND SONGARA(2198) for the Respondent(s) No. 3
MR SJ SHAH(1502) for the Respondent(s) No. 3
RULE SERVED for the Respondent(s) No. 1,2
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 CORAM:HONOURABLE MS. JUSTICE SONIA GOKANI

                             Date : 14/12/2022

                              ORAL ORDER

1. This Court vide order dated 06.08.2007 had admitted the

matter after initial issuance of notice on 09.04.2007.

2. The prayers sought for in this petition are as follows:-

"(A) Be pleased to quash and set aside the Notice dated 27.05.2005 and direct the opponent to withdraw all the illegal change intended by their Notice dated 27.07.2004 and declare that the opponent Management has committed illegal change by their Notice dated 27.05.2005 and are liable for criminal action under Section 106 of the B.I.R. Act;

(B) Be pleased to declare that the opponent employer have no right or authority to give Notice of Change dated 27.07.2004 during the pendency of the arbitration proceedings of 6/98 and such a Notice is unauthorized and illegal;

(C) Be pleased to direct the opponent bank to

C/SCA/9237/2007 ORDER DATED: 14/12/2022

repay and refund all the monetary benefits withdrawn by it as per the Notice dated 27.05.2005 and to restore all the conditions of service and benefits prevailing on 1st April 2005. The opponent may also be directed to pay 12% interest on amount becomes payable as aforesaid;

(D) Any other appropriate order or direction, which Your Honorable Court deems fit in the interest of justice, may be passed;

(E) Cost of Rupees 50,000/- may be awarded to the applicant union."

3. Today, the matter had come up for final hearing.

Learned advocate Mr. Hemang Shah appearing for the

petitioner - Co-operative Bank Worker's Union has stated that

the matter has become infructuous in wake of the Reference

(I.C.) No. 06 of 1998 having been finally decided by the

Industrial Court on 01.04.2022. He tendered a copy of the

said judgment and urged this Court to dispose of the present

matter as having become infructuous.

4. Learned advocate Mr. S.J.Shah appearing for learned

advocate Mr. Prabhakar Upadhyay for the respondents has no

objection for the matter being disposed of.

5. Copy of the judgment passed in Reference (I.C) No. 06 of

1998 dated 01.04.2022 passed by the learned Presiding

C/SCA/9237/2007 ORDER DATED: 14/12/2022

Officer, Industrial Court No. 1, Vadodara is permitted to be

taken on record.

6. Hence, in view of the judgment rendered in Reference

Case No. 06 of 1998, the present petition stands disposed of

as having become infructuous. It is made clear that this Court

has not applied its mind. All rights available pursuant to the

said judgment, shall be available to the parties. Rule is

discharged.

(SONIA GOKANI, J) Bhoomi