The Saraswat Co-Op. Bank Ltd. & Ors. Petitioners v. Shri Dinkar Ramchandra Zadbuke & Ors. S

S.C Gupte, J.:— Heard learned Counsel for the parties. The petition challenges an order passed by the Industrial Court at Sangli on a complaint under section 28 read with items 5, 9 and 10 of schedule iv of the mrtu & pulp act. The complaint filed originally challenged the VRS Scheme of the Petitioner Bank by the erstwhile employees of Murgharajendra Sahakari Bank Ltd., Miraj, which had been amalgamated with the Petitioner Bank under a scheme of arrangement. Though the challenge in the complaint was essentially to the legality of the VRS Scheme propounded by the Petitioner Bank, what ultimately appears to have been pressed before the Industrial Court was the matter of calculation of compensation and other legal dues of the complainants as per the VRS Scheme, which included arrears on the basis of a wage rise. The Industrial Court, despite having come to the conclusion that there is no agreement for any wage rise as between Murgharajendra Co-Operative Bank and its employees, appears to have passed the impugned order taking into account such wage rise whilst computing benefits of VRS on the basis of a resolution passed by the board of directors of Murgharajendra Co-Operative Bank. The resolution of the board of directors prima facie indicates that it was merely an in-principle sanction to a wage rise subject to obtaining a suitable legal opinion and proposing to enter into an agreement for such wage rise with the employees of Murgharajendra Co-Operative Bank. Prima facie there appears to be merit in the Petitioner's case. The matter accordingly requires consideration. Hence, Rule. There will also be an interim relief in terms of prayer clause (b). Considering, however, that the employees of the erstwhile Murgharajendra Co-Operative Bank have already accepted the VRS and the retirement benefits but that the question merely now relates to the quantum of such retirement benefits, which is a short point capable of being expeditiously disposed of, the hearing of the petition, with consent of both Counsel, is expedited. The petition to come up for hearing along with Writ Petition No. 822 of 2011 on 28 July 2016.