(Dipak Misra and Adarsh Kumar Goel, JJ.)
The Maharashtra State Co-op. Bank Ltd. ________ Appellant
v.
Bank Karmachari Sangh _____________________ Respondent
Civil Appeal Nos. 4428-4429 of 2008, decided on February 12, 2015
The Order of the court was delivered by
Order
Heard Mr. Ashok D. Shetty, learned counsel, assisted by Mr. S. Ravi Shankar, learned counsel for the appellant and Mr. B.H. Marlapalle, learned senior counsel, along with Mr. Nitin S. Tambwekar, learned counsel for the respondent.
After hearing learned counsel for the parties, a suggestion was given to the learned counsel for the respondent to have a golden handshake with the bank and take some compensation and close the chapter. Mr. Marlapalle has submitted that he is not averse to settlement, but he has to obtain instructions. Learned counsel for the appellant submitted that in this case this Court should direct payment of compensation and the question of law should be kept open.
Having heard learned counsel for the parties, we are of the considered opinion that the cause of justice would be sub-served if each of the workmen, arrayed as respondent herein, is paid a sum of Rs. 3,00,000/- by way of bank draft. The said amount shall be deposited before the Industrial Court at Pune, Maharashtra, within eight weeks hence. The Industrial Court shall issue notices to the workmen and, thereafter, on proper identification deliver the drafts to them.
Needless to emphasise, the said amount is directed to be paid to the workmen as full and final settlement of their claims. As we have directed for payment of compensation, regard being had to the facts and circumstances of the case, the questions of law, as urged by Mr. Shetty, learned counsel for the appellant, with regard to applicability of Bombay Industrial Relations Act, 1946, and requirement of adjudication between the employee and employer, are kept open.
The appeals are, accordingly, disposed of. There shall be no order as to costs.
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