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2008 Supreme(Bom) 378

A.M.KHANWILKAR
Cosmos Co-operative Bank Ltd. – Appellant
Versus
General Federation Maharashtra State Bank Employees Federation – Respondent


Advocates appeared:
Mrs. Meena H. Doshi, for petitioner.
C.A.V. Bukhali, Sr. Cou, with Burhan V. Bukhari & A.S. Peerzada, for respondents.

KHANWILKAR A.M., J.:-

Heard Counsel for the parties.

2. Rule. Mr. B.V. Bukhari waives notice for respondents.

3. Rule made returnable forthwith by consent and matter is heard for final disposal.

4. This petition takes exception to the judgment and order passed by the Presiding Officer, Central Government Industrial Tribunal-II, Mumbai dated November 5, 2007 below exhibits 18 and 24 in Reference No. CGIT- 68 of 2003. By the said order, the lower Court rejected the preliminary issue raised on behalf of the petitioner about the jurisdiction of the Tribunal to try and decide the reference made by the Central Government, which according to the petitioner was not the appropriate Government. Inasmuch as, the petitioner being a Multi State Cooperative Society engaged in the business of bank, the appropriate Government to make reference, for adjudication of the dispute between the petitioner on the one hand and the workmen on the other, before Tribunal constituted by the State Government, would be the State Government. The Tribunal although opined that the stand taken on behalf of the petitioner was supported by the decision of the Apex Court in the case of (Bharat Co-operative Hank (Mumbai) Lt



























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