1 W.P.No.346.99 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 346 OF 1999 Bank Karmachari Sangh ... Petitioner v/s Pune Zilla Madhyavarti Sahakari Bank Ltd. & anr. ... Respondents Mr.Nitin A. Kulkarni for the petitioner. Mr.K.S.Bapat for respondent No.1. CORAM: SMT.NISHITA MHATRE, J. DATED: 27TH SEPTEMBER, 2010 P.C.: 1. The issue involved in the present petition is whether the respondent Bank has a right to stop increments payable to a delinquent employee while a domestic enquiry is pending against him. 2. In the present case, the complaint filed by the Union agitating the aforesaid issue has been dismissed. Thereafter the enquiry held against the workman concerned has 2 W.P.No.346.99 culminated in a punishment being imposed on the delinquent employee. That punishment is of stoppage of three increments, which by then, had not been paid due to the contention of the Bank that it could stop increments during the pendency of an enquiry. 3. The issue, therefore, has become academic in the present petition. 4. In these circumstances, Mr.Kulkarni, the learned advocate for the petitioner, states that the petitioner will not press the present petition, however, the issue involved as stated above may be kept open for the Union to agitate in an appropriate case. 5. Writ petition stands disposed of with liberty as prayed for. Rule discharged. 6. Mr.Bapat, the learned advocate for respondent No.1 states that irrespective of the decision of the Industrial Court in the present case, the Bank will release the increments payable to (1) Mr.D.M.Wagh, (2) Mr.S.K.Shinde, and (3) M.D.Darade, who have been retired by now. Statement accepted. ..... 3 W.P.No.346.99 4 W.P.No.346.99