WP/1620/2011 : 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1620 OF 2011 Bank Employees Union, Kolhapur ... Petitioner V/s. Dombivli Nagari Sahakari Bank Ltd. ... Respondent Mr.N.A. Kulkarni i/b Rajesh Mirchandani for Petitioner Mr.P.K. Rele i/b M.V. Joglekar & R.D. Oak for Respondent CORAM: SMT.NISHITA MHATRE, J. DATE: MARCH 3, 2011 P.C.: 1. The dispute in the present petition is whether on merger of the erstwhile Shri Shivneri Sahakari Bank Limited with the Dombivli Nagari Sahakari Bank Limited i.e. the respondent Bank in the present petition, the employees whose services have been taken over by the respondent Bank would have to pass a test in order to determine whether the posts held by them in the transferor bank are equivalent to the posts available in the transferee bank. 2. According to the petitioner, no such test is required as a direction to appear for the test would mean that the service conditions of the employees were being changed, illegally. According to the respondent-bank, a test would be the only way to determine equivalence. Show-cause notices have been issued to those employees who have not appeared for the test as directed by the bank. Therefore, the WP/1620/2011 : 2 : petitioners have filed complaint (ULP) No.255 of 2010 alleging unfair labour practices under Items 3, 5, 9 and 10 of the Schedule IV of the MRTU & PULP Act. The interim relief sought by the petitioners has been refused by the Industrial Court. After hearing the learned advocates for some time, in my view, the order of the Industrial Court will have to be set aside and the following order is passed which will continue till the complaint is disposed of: (i) the respondent Bank shall not act on the notices issued to the employees on 2.12.2010 directing them to show-cause as to why action should not be taken against them for not appearing for the qualifying test conducted by the Bank. (ii) In view of the seriousness of the issues involved the complaint shall be decided expeditiously and in any case within six months from today. 1. Writ p fetition is disposed of accordingly.