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2007 Supreme(Bom) 1446

NISHITA MHATRE
RUPEE CO-OPERATIVE BANK LIMITED – Appellant
Versus
SHAILESH V. VAIDYA – Respondent


Advocates Appeared:
MEENA H.DOSHI, N.A.KULKARNI, S.K.TALSANIA

( 1 ) THE petition challenges the orders passed by the labour Court on 10. 7. 1997 and by the Industrial Court in the Appeal on 15. 1. 1998. The Labour Court had partly allowed the application filed by the respondent workman u/s 78 of the Bombay Industrial Relations Act. The labour Court had rejected the respondents prayer for reinstatement but had granted him backwages for the period from 16. 5. 1995 to 24. 4. 1996. The Industrial court has allowed the appeal filed by the respondent i. e. Appeal (BIR) No. 8 of 1997, partly and has directed the petitioner bank to reinstate the respondent in his original post with continuity of service and half the backwages. When the petition was admitted, the order directing reinstatement was stayed. However, the petitioner was directed to pay the backwages awarded by the Industrial Court.

( 2 ) THE petitioner is a registered bank under the banking Regulations Act and also under the provisions of the Maharashtra Cooperative Societies Act. Being a cooperative bank, the provisions of the Bombay industrial Relations Act (for short, hereinafter referred to as BIR Act) are applicable to it.

( 3 ) RESPONDENT No. 1 was employed with the bank from 2. 4. 1
























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