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2026 DAILYLAW 29620 (KAR)

THE DEPUTY GENERAL MANAGER STATE BANK OF INDIA v. R SRINIVASA RAO

WP/4099/2021 · 2026-07-06

D K Singh, T M Nadaf

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:33876-DB WP No. 4099 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JULY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT PETITION NO. 4099 OF 2021 (L-TER) BETWEEN: 1. THE DEPUTY GENERAL MANAGER STATE BANK OF INDIA LOCAL HEAD OFFICE 48, CHURCH STREET BENGALURU-560001 NOW STATE BANK OF INDIA LOCAL HEAD OFFICE ST MARKS ROAD BENGALURU-560001 REPRESENTED BY ASSISTANT GENERAL MANAGER(HR) …PETITIONER (BY SRI. T P MUTHANNA., ADVOCATE) AND: 1. R SRINIVASA RAO NO.2020, 1ST FLOOR MARUTHI NIVAS, 33RD CROSS JAYANAGAR 7TH BLOCK BENGALURU-560082 …RESPONDENT (BY SRI. B.D.KUTTAPPA., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE ENTIRE RECORDS LEADING TO PASSING OF THE AWARD Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33876-DB WP No. 4099 of 2021 DATED 02/06/2020 IN CR NO.24/2010 PASSED BY CGIT-CUM- LABOUR COURT, BENGALURU, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE T.M.NADAF ORAL ORDER (PER: HON'BLE MR. JUSTICE D K SINGH) The present writ petition under Article 226 of the Constitution of India has been filed impugning the award dated 02.06.2020 passed in C.R.No.24/2010 by the Central Government Industrial Tribunal-cum-Labour Court (for short, 'the CGIT'). 2. The Central Government, vide Order No.L- 12012/192/200-IR(B-I) dated 24.06.2010 and in exercise of the powers conferred by Clause (d) of Sub-Section (1) and Sub-Section 2(A) of Section 10 of Industrial Disputes Act, 1947, referred the following Industrial Dispute: "Whether the action of this Management of State Bank of India, Zonal Office, Church Street, Bangalore in terminating the services of Sh.R.Srinivasa Rao is legal and justified? If not, what relief he is entitled to?" - 3 - HC-KAR NC: 2026:KHC:33876-DB WP No. 4099 of 2021 3. Vide order dated 07.08.2013, the CGIT decided the preliminary issue regarding the inquiry, holding that the domestic inquiry held against the respondent was not fair and proper. 4. The CGIT took note of the fact that the Workman had crossed the age of superannuation long ago, hence, monetary compensation towards the years of service lost in view of the dismissal order would be the appropriate relief for him. Considering the workman as being on continuous duty, the CGIT ordered 60% back wages from the date of dismissal until his date of superannuation. 5. We have perused the order dated 07.08.2013 as well as the final award dated 02.06.2020. We find no scope for this Court to interfere with the order on preliminary issue on the fairness of the inquiry or the final award in exercise of our jurisdiction under Article 227 of the Constitution of India. However, considering the facts and circumstances of the case, we reduce the back wages as ordered by the CGIT from 60% to 40%. The Workman did not place any evidence on record to prove that he was not gainfully employed and had no source of - 4 - HC-KAR NC: 2026:KHC:33876-DB WP No. 4099 of 2021 income from the date of dismissal till the date of superannuation. 6. With the aforesaid modification to the award, the writ petition is disposed of. Sd/- (D K SINGH) JUDGE Sd/- (T.M.NADAF) JUDGE RKA List No.: 1 Sl No.: 21