1 lpa-344-11gr.sxw dgm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION LETTERS PATENT APPEAL NO.344 OF 2011 IN WRIT PETITION NO. 7546 OF 2011 ALONG WITH CAL/413/2011 Cooperative Bank Employees Union, Ratnagiri .... Appellant vs Dapoli Urban Cooperative Bank Ltd., Dapoli through Chairman and ors. .... Respondents Mr. M. S. Topkar for the Appellant. Mr. Rakesh Bhatkar for the respondents. CORAM: D. K. DESHMUKH & ANOOP V. MOHTA, JJ. DATE : November 15, 2011 P.C.: Admit. Heard finally by consent of parties. 2 By consent, the Appeal is disposed of in the following terms: (i) The order passed by the Industrial Court in Revision and the 2 lpa-344-11gr.sxw order passed by the learned Single Judge dated 13 October 2011 in Writ Petition No.7546/2011 are set aside. (ii)In case the Respondent/Bank applies to the Labour Court for vacation or modification of the interim order dated 3 February 2011 passed by the Labour Court and produces documents in support of its application, the Labour Court shall consider that application in accordance with law and pass appropriate order thereon. (iii)It is agreed between the parties that while considering that application, the Labour Court shall consider the question whether in view of the evidence produced by the Bank, the interim order deserves to continue or is liable to be vacated. However, the material that will be produced by the Bank, the Labour Court will not refuse to consider on the ground it was not previously produced. (iv)The Labour Court shall hear and dispose of the application to be filed by the Bank as expeditiously as possible and in any case within a period three months from the date of making of the application. (v)During the pendency of that application, the Bank shall be at liberty to proceed further for selection of candidates for the 3 lpa-344-11gr.sxw vacancies which have been advertised. However, the appointment order shall not be issued without seeking leave of the Labour Court. (vi)It goes without saying that the Appellant shall be at liberty to file reply and produce further documents in case an application as aforesaid is made by the Bank. 3 The LPA stands disposed of in the aforesaid terms. No costs. 4 CAL/413/2011 is also disposed of accordingly. (ANOOP V. MOHTA, J.) (D. K. DESHMUKH,J.)