WP/5745/2010 : 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5745 OF 2010 Sanjay J. Mishra ... Petitioner V/s. M/s.Kotak Mahindra Bank ... Respondent Mr.D.N. Mandevia for Petitioner Ms.Laqncy D'souza for Respondent CORAM: SMT.NISHITA MHATRE, J. DATED: AUGUST 31, 2010 P.C.: 1. The grievance in this petition is with respect to the order passed by the Industrial Court remanding the application exhibit U9 to the Labour Court for a fresh decision. Exhibit U9 was filed by the petitioner in a complaint filed by him in which he sought a direction from the Court against the respondent bank to permit him to be defended by a lawyer at the enquiry being conducted against him. Although the Labour Court granted the relief claimed in the application, the Industrial Court in revision application (ULP) No.259 of 2009 reversed the order. The Industrial Court observed that it was necessary for the Labour Court to first consider the jurisdictional issues namely (i) whether the appropriate government with respect to the respondent bank was the Central Government or the State Government and (ii) whether the Petitioner was a workman. Obviously if the answer to the first question as to whether the appropriate government is the Central Government is in the affirmative, the WP/5745/2010 : 2 : Labour Court appointed by the State of Maharashtra will not have jurisdiction to decide any dispute between the parties and the complaint itself will not be maintainable. However, if it is found that the State of Maharashtra is the appropriate government, the Labour Court will consider whether the Petitioner is a workman and whether any further reliefs can be granted to him. 2. In my view, the order of the Industrial Court need not be interfered with since the issue of jurisdiction will go to the root of the matter. However, the order of 10.8.2010 directing that the Petitioner’s services should not be terminated will continue till the Labour Court decides the issue. 3. The Labour Court will decide the application at Exhibit U9 as expeditiously as possible and in any event within two months from today. The parties shall appear before the Labour Court on 6.9.2010 for directions. 4. Writ petition is disposed of accordingly. 5. Parties to act on an authenticated copy of this order.