1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Writ Petition No.9489 of 2007 Dombivali Nagri Sahakari Bank Karmachari Sangh Petitioner Vs. Dombivali Nagari Sahakari Bank Ltd. and anr. Respondents Mr.Y.M.Pendse for petitioner. Mr.M.V.Joglekar for respondents. CORAM: B.H.MARLAPALLE, J. January 25, 2008 P.C. 1. Heard Mr.Pendse, the learned counsel for the petitioner - Union which is not admittedly a representative union within the meaning of the Bomaby Industrial Relations Act, 1946. It filed a complaint of unfair labour practice under Item 4(e) of Schedule II and Items 5 and 9 of Schedule IV of the MRTU & PULP Act, 1971 (for short "the Act") and the said complaint came to be registered as Complaint (ULP) No.309 of 2007. In the said complaint an application under Section 30(2) of the Act was filed praying for an injunction restraining the respondents from continuing with the process of promotions pending hearing and final disposal of the complaint. The 2 said application at Exhibit U-2 has been dismissed by the learned Member of the Industrial Court at Thane by the impugned order dated 19/12/2007. As the petition impugns an interlocutory order, it is being treated as having been filed under Article 227 of the Constitution. 2. The substantial prayer in the Complaint (ULP) No.309 reads as under: "This Hon’ble Court be pleased to pass an order directing the respondents, their directors, managers and/or agents to take the two employees whose names are recommended by the complainant union as well as the representative union in the management in compliance of the provisions of the Maharashtra Co-operative Societies Act, 1960." . In the first prayer for declaration of unfair labour practice, the union has also prayed for setting aside the process of promotions as per the circular dated 4/11/2007. In short it is submitted that unless the named two persons, who are the employees of the Bank are taken on board, the 3 promotions effected would not be transparent. 3. Admittedly the petitioner is not a representative union for the Co-operative Banking Industry in Kalyan Taluka and the representative union for the said local area is Thane Zilla Sahakari Bank Karmachari Mahasangha. Section 73BB of the Maharashtra Co-operative Societies Act, 1960 provides for two seats being reserved for the employee directors if the number of members is twelve or more. The seats so reserved shall be filled by selection made by the recognised union or unions and, therefore, prima facie, the complaint filed by the present petitioner may not be maintainable. 4. Even otherwise the Member of the Industrial Court in the impugned order noted that the written examination of the proposed selection for effecting promotions was scheduled on 25/12/2007. It is now informed that the examination was held on 25/12/2007 as scheduled and the interviews were conducted on 5th and 6th January 2008 and on 9/1/2008 a list of 31 selected candidates for promotion to the post of Junior Officer was displayed. The larned counsel for the Bank further states on instructions that 4 promotion orders were issued to all these 31 candidates and 26 of them have already joined in the higher post. Thus the prayer for stay to the promotional process has become infructuous as of now. 5. The learned counsel for the petitioner - union prayed for an order to make the promotions subject to the final outcome in the complaint. As noted earlier, the maintainability of the complaint filed by the present union itself is doubtful and, therefore, the relief prayed for cannot be granted even in this petition. 6. Hence there is no case to cause interference in the impugned order while exercising supervisory powers under Article 227 of the Constitution. Petition is rejected summarily. (B.H.MARL