WP/8234/2010 : 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8234 OF 2010 The Chief Executive Officer Lala Urban Co-operative Bank Ltd, PUne ... Petitioner V/s. Adam Piru Attar, Pune ... Respondent Mr.K.S. Bapat i/b N.G. Helekar for Petitioner Mr.A.S. Rao with P.M. Huddar for Respondent CORAM: SMT.NISHITA MHATRE, J. DATED: NOVEMBER 23, 2010 P.C.: 1. The petition challenges the order of the Labour Court which has been partially confirmed by the Industrial Court. The Labour Court had granted reinstatement with backwages to the respondent workman since it was of the view that when the employer loses confidence in an employee, it should conduct a domestic enquiry against him before terminating his services. The Industrial Court by the impugned order has granted reinstatement with continuity of service but without backwages. 2. After arguing for some time, Mr.Bapat submits that instead of going into the merits of the case, the petitioner will hold a domestic enquiry against the respondent. He further submits that the finding of the Labour Court and the Industrial Court that the respondent is an employee as defined u/s 3(13) of the Bombay Industrial WP/8234/2010 : 2 : Relations Act will be accepted by the petitioner without prejudice to the bank’s rights to hold a domestic enquiry in respect of various charges levelled against the respondent. 3. Mr.Rao on instructions states that he has no objection to this course being adopted. However, he submits that all dues payable to the respondent on his reinstatement in service must be paid within a reasonable time. 4. The petition is therefore disposed of with the following order: i) The respondent will be reinstated within two weeks from today without prejudice to the rights of the Petitioner to hold a domestic enquiry against the Respondent in respect of certain acts of misconduct alleged against him. All his legal dues on reinstatement will be paid to him within a week thereafter. ii) The domestic enquiry if held by the Bank will be conducted in accordance with law by giving full opportunity to the respondent to defend himself. It is expected that if such a domestic enquiry is held the respondent will cooperate in the speedy disposal of the enquiry. iii) The findings of the Labour Court and the Industrial Court that the respondent is an employee as defined u/s 3(13) of the Bombay Industrial Relations Act are not disturbed. *****