Rajendra Kondiba Darekar and Others vs General Manager, The Saraswat Co-Op. Bank Ltd. and Others

D.K. Deshmukh and Anoop V. Mohta, JJ.—Heard the learned Counsel for both the sides. Now the law, because of the Judgment of the Supreme Court, is well settled that though the respondent No. 1 is a multi unit Co-operative Bank, the State Government is the appropriate Government. In this view of the matter, therefore, no fault can be found with the order holding that the Reference made by the Central Government is not valid. However, this finding does not prevent the respondent No. 1/Petitioner from approaching the appropriate Government for making a Reference.

In case the State Government agrees to make a Reference and the Reference is actually made, it is obvious that that Reference will have to be decided by the Labour Court on the basis of the material produced before it, without being influenced by anything said either by the Labour Court or by a learned Single Judge of this Court in the proceedings pursuant to Reference made by the Central Government.

In the event of a fresh Reference being made by the State Government, all contentions shall be open to both the sides to be raised before the Court. The Appeal is disposed off.