(1) WP 7223.2010+3 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 7223 OF 2010 Osmanabad Janta Sahakari Bank Ltd. Through Chairman and anr. PETITIONERS VERSUS Pradeep Vithalrao Gound RESPONDENT WITH WRIT PETITION NO. 6455 OF 2010 Osmanabad Janta Sahakari Bank Ltd. Through Chairman and anr. PETITIONERS VERSUS Mahadev Shankarrao Mali RESPONDENT WITH WRIT PETITION NO. 6454 OF 2010 Osmanabad Janta Sahakari Bank Ltd. Through Chairman and anr. PETITIONERS VERSUS Mohan Dadarao Agavane RESPONDENT AND WRIT PETITION NO. 7518 OF 2010 Osmanabad Janta Sahakari Bank Ltd. Through Chairman and anr. PETITIONERS VERSUS Vijaykumar Vishwanath Hanchate RESPONDENT ..... Mr. A.N. Irpatgire, Advocate for the Petitioners. Mr.V.J. Dhage,Advocate for the petitioner in W.P.7518.2010 Mr. A.V. Indrale Patil, Advocate for the Respondent. ..... (2) WP 7223.2010+3 CORAM : B.P. DHARMADHIKARI, J. DATED : 4TH MARCH, 2011 ORAL ORDER:- 1. The matters are already admitted by this Court and listed today for consideration of prayer for grant of interim relief. The respective counsel were heard on earlier occasion i.e. 21.1.2011. 2. Shri Patil appearing for employees (respondents in Writ Petition) has contended that the case law laid down by Apex Court in AIR 1975 S.C. 1900 (The Cooper Engineering Ltd. V. B.P. Mundhe) the present Petitions are not maintainable and challenge to order of Labour Court on preliminary point is possible only after the Labour Court finally decides the controversy. He has further urged that after holding finding recorded by Enquiry Officer to be perverse, the Labour Court has permitted the petitioner-employer to lead evidence to prove misconduct and that evidence has already been led. The parties have argued their respective complaints finally and Labour Court has not pronounced judgments only because of pendency of these Petitions. (3) WP 7223.2010+3 3. Shri Dhage as also Shri Irpatgire for respective petitioners has contended that the Labour Court has erroneously found finding to be perverse. According to them, Labour Court has in-fact exceeded jurisdiction because it has recorded that alleged conduct for which petitioners took action against employees did not constitute misconduct at all. 4. As I find the issues being squarely covered by judgment of Apex Court in The Cooper Engineering Ltd. V. B.P. Mundhe (supra), it is apparent that present challenge has to wait till matters are finally decided by Labour Court. Labour Court has found enquiry to be vitiated and therefore has directed employer to lead evidence. Employer has accordingly led evidence. Whatever grievance the employer has in relation to orders of Labour Court can be raised before appropriate forum after the complaints are finally decided. 5. The Labour Court is bound to decide complaint on the strength of evidence adduced before it after it granted leave to employer to prove (4) WP 7223.2010+3 misconduct. It is therefore not possible to hold that Labour Court will be influenced by its earlier observations in the matter. 6. Hence, with liberty to the petitioners to raise all their contentions about invalidity or otherwise of the impugned order after U.L.P. complaints are finally decided, present Writ Petitions are disposed of. It is clarified that all contentions available to parties to show that misconduct is established or is not established or there is no misconduct are open and can be looked into by Labour Court in accordance with law. 7. Respective counsel for the petitioners sought leave to submit additional arguments before Labour Court. Shri Patil states that all arguments are advanced and hence no additional arguments are necessary. The issue can be more conveniently looked into by Labour Court. If the Labour Courts finds that arguments on any particular point were not advanced the Labour Court can direct the parties before it to assist it in that respect. (5) WP 7223.2010+3 8. With these observations and directions, all these Writ Petitions are disposed of. Rule discharged. No costs. Sd/- [B.P. DHARMADHIKARI, J.] arp