ABHYUDAYA CO-OP BANK LTD vs SMITA VIRENDRA PATIL

Judgment text excerpt

2026:BHC-AS:24526 Megha 23_wp_10929_2024_fc.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10929 OF 2024 Abhyudaya Co-operative Bank Ltd. ...Petitioner V/s. Smita Virendra Patil ...Respondent ________________ Ms. Rita K. Joshi (through VC) with Mr. Ashok D. Shetty & Ms. Bushra Moughal for the Petitioner. Mr. Ravindra B. Nair for the Respondent. ________________ CORAM: SANDEEP V. MARNE, J. Judgment reserved on: 10 JUNE 2026. Judgment pronounced on: 18 JUNE 2026. JUDGMENT: 1) Rule. Rule is made returnable forthwith. With the consent of the learned counsel appearing for the parties, the Petition is taken up for final disposal. 2) The Petitioner-Bank has filed the present Petition challenging order on preliminary issues dated 1 September 2023 passed by the learned Judge, First Labour Court, Thane, in Complaint (ULP) No.58 of 2014. The Labour Court has held that the enquiry conducted against the Respondent is legal, fair and proper but the findings of the Enquiry Officer are perverse and not based on the material and evidence Page No.1 of 21 18 June 2026 Megha 23_wp_10929_2024_fc.odt produced before him. The Labour Court’s Order dated 1 September 2023 was subjected to revision under Section 44 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (MRTU & PULP Act). By judgment and order dated 11 June 2024, the Industrial Court has proceeded to dismiss the Revision Application. The Petitioner-Bank is accordingly aggrieved by the decisions of the Labour and Industrial Courts on the issue of perversity in the findings of the Enquiry Officer and has accordingly filed the present Petition. 3) Petitioner is a Multi-State Cooperative Bank engaged in the business of banking. The Respondent was