- 1 - HC-KAR NC: 2026:KHC:25485-DB WP No. 14128 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JUNE, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE RAJESH RAI K WRIT PETITION NO. 14128 OF 2022 (L-RES) BETWEEN: THE REGIONAL MANAGER CENTRAL BANK OF INDIA REGIONAL OFFICE, PB NO.5129, NO.24, CRESENT ROAD, BENGALURU-560 001 PRESENTLY SITUATED AT 2ND FLOOR, GRAND MAJESTIC MALL, OPP: GUBBI VEERANNA RANGAMANDIRA, GANDHINAGARA, BENGALURU-560 009 REPRESENTED BY ITS REGIONAL MANAGER PRAVIN K KINI …PETITIONER (BY SRI. VENUGOPAL M.S, ADVOCATE) AND: SMT SUDHARANI K W/O RANGANATH H D, AGED ABOUT 53 YEARS, PRESENTLY WORKING AS CLERK, REGIONAL OFFICE, 2ND FLOOR, GRAND MAJESTIC MALL, OPP: GUBBI VEERANNA RANGAMANDIRA, Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:25485-DB WP No. 14128 of 2022 GANDHINAGARA, BENGALURU-560 009 …RESPONDENT (BY SRI. V.S NAIK, ADVOCATE FOR C/R) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE AWARD DATED 01/12/2020 IN DISPUTE NO.CR 52/2009 PASSED BY THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, BENGALURU, WHICH IS PRODUCED AS ANNEXURE-O AND DISMISS THE REFERENCE/DISPUTE IN CR NO.52/2009 AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE RAJESH RAI K ORAL ORDER (PER: HON'BLE MR. JUSTICE D K SINGH) The present writ petition has been filed impugning the award dated 01.12.2020 passed by the Central Government Industrial Tribunal-Cum-Labour Court (for short 'CGIT') in CR No.52/2009. 2. The respondent was employed as a clerk in the petitioner-Bank. She remained absent from duty unauthorizedly from 06.10.2004 to 25.05.2007 i.e., the date on which the charge sheet was issued to her. During the - 3 - HC-KAR NC: 2026:KHC:25485-DB WP No. 14128 of 2022 departmental/domestic enquiry, the charge of unauthorized absence from duty for such a long period was found proved. The respondent/delinquent employee raised an industrial dispute and therefore, the Central Government vide order No.L- 12012/69/2009-lR(B-ll) dated 24.11.2009 referred the following dispute for adjudication before the CGIT under Sub- Section 2(A) of Section 10 of the Industrial Disputes Act, 1947: "Whether the action of the management of Central Bank of India in dismissing the services of Smt. K. Sudha Rani w.e.f. 12.11.2007 is legal and justified? To what relief the workman concerned is entitled?" 3. The CGIT held that the preliminary issue regarding the fairness of the domestic enquiry was decided against the delinquent employee, and it was answered in the affirmative by holding that the domestic enquiry was conducted in all fairness. The findings of the enquiry officer regarding unauthorized absence of the respondent/delinquent employee as well as her previous two punishments on the same charge, which were part of the charge sheet, have also been taken note of. Despite - 4 - HC-KAR NC: 2026:KHC:25485-DB WP No. 14128 of 2022 this, we find, in a strange manner the CGIT has allowed the reference in favour of the respondent/delinquent employee and directed her reinstatement with continuity of service without back wages. 4. We have gone through the award and we have no hesitation in saying that the award is completely unsustainable on facts and law. When the charge of unauthorized absence got proved and the enquiry was conducted in all fairness, the Tribunal should not have interfered with the punishment of dismissal from service. 5. Therefore, we set-aside the impugned award. However, we have to take note of subsequent development i.e., after the award was passed the delinquent employee was reinstated on 09.08.2021 and she has also been promoted in June, 2025 as cashier. Be that as it may, on equity, we therefore, direct the Bank not to recover the payment of salary made to the respondent/delinquent employee after she was reinstated into service by the Bank. - 5 - HC-KAR NC: 2026:KHC:25485-DB WP No. 14128 of 2022 6. With the aforesaid directions, we allow the writ petition and set-aside the impugned award. SD/- (D K SINGH) JUDGE SD/- (RAJESH RAI K) JUDGE HKV List No.: 1 Sl No.: 21