IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.22 OF 2008 APPEAL NO.22 OF 2008 APPEAL NO.22 OF 2008 IN IN IN WRIT PETITION NO.173 OF 2007 Co-op.Bank Employees Union & Anr. .. Appellants V/s The Mahanagar Co-op.Bank Ltd. & Anr. .. Respondents Mr.A.S.Peerzada for the Appellants. Mr.A.D.Shetty with Ms.Rita K.Joshi for Respondents. CORAM : DR.S.RADHAKRISHNAN, & CORAM : DR.S.RADHAKRISHNAN, & CORAM : DR.S.RADHAKRISHNAN, & ANOOP V.MOHTA, JJ. ANOOP V.MOHTA, JJ. ANOOP V.MOHTA, JJ. DATE : 26th February, 2008. DATE : 26th February, 2008. DATE : 26th February, 2008. P.C.: P.C.: P.C.: 1. Heard the learned Counsel for the parties. Perused the order of the learned Single Judge dated 26/02/2007. The learned Single Judge has rightly remanded the matter back to the Labour Court so as to allow the Bank to have an opportunity to lead evidence to justify the order of dismissal. Over and above, the learned Counsel for the Respondent Bank has pointed out that even before the Industrial Court, the Appellants had not challenged the termination order. 2. We pointed out to the learned Counsel for the Appellants the letter dated 28th February, 2005 being the termination order (which is at Page 43). Inspite of the same, the learned Counsel for the Appellant states that the services of the Appellants were not terminated by the Respondents. 3. We do not find any illegality or any error in the order of the learned Single Judge in remanding the matter back to the Labour Court thereby allowing the Bank to lead the evidence. Appeal is totally devoid of merits, and hence the same stands dismissed. (ANOOP V.MOHTA, J.) (DR.S.RADHAKRISHNAN, J.) (ANOOP V.MOHTA, J.) (DR.S.RADHAKRISHNAN, J.) (ANOOP V.MOHTA, J.) (DR.S.RADHAKRISHNAN, J.)