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2026 DAILYLAW 36435 (KAR)

MANIPAL UNIVERSITY v. THE PRESIDENT

WP/14317/2020 · 2026-08-17

D K Singh, H Shanthi Bhushan

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Judgment text

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- 1 - HC-KAR CNR: KAHC010323702020 NC: 2026:KHC:44109-DB WP No. 14317 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF AUGUST, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN WRIT PETITION NO. 14317 OF 2020 (L-TER) BETWEEN: 1. MANIPAL UNIVERSITY (NOW KNOWN AS MAHE) MADHAVANAGAR, MANIPAL KARNATAKA - 576104 REPRESENTED BY ITS REGISTRAR DR. NARAYANA SABHAHIT …PETITIONER (BY SRI S.N. MURTHY, SENIOR ADVOCATE A/W SRI SOMASHEKAR, ADVOCATE) AND: 1. THE PRESIDENT MANIPAL UNIVERSITY MAZDOOR UNION C/O BMS OFFICE, FELIX PAI BAZAR MANGALORE - 575001 …RESPONDENT (BY SRI CHETHAN B, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE AWARD IN CR.NO.47/2009 DATED 23.01.2020 PASSED BY THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, BENGALURU AT ANNEXURE-J AND ETC. Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010323702020 NC: 2026:KHC:44109-DB WP No. 14317 of 2020 THIS PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN ORAL ORDER (PER: HON'BLE MR. JUSTICE D K SINGH) 1. The present writ petition has been filed impugning the award dated 23.01.2020 passed by the Central Government Industrial Tribunal-cum-Labour Court in CR No.47/2009. 2. The Central Government, vide order dated 06.10.2009, in exercise of the powers conferred under clause (d) of sub- section (1), and sub-section (2-A) of Section 10 of the Industrial Disputes Act, 1947, referred the following dispute for adjudication:- "Whether the action of the management of the Registrar, Manipal University, in terminating the services of their workman Sh. Govinda Bhandary w.e.f. 11.03.1998 is legal and justified? If not, what relief the workman is entitled to?" 3. The respondent was proceeded with the disciplinary proceedings in respect of the charges of misconduct. The - 3 - HC-KAR CNR: KAHC010323702020 NC: 2026:KHC:44109-DB WP No. 14317 of 2020 Enquiry Officer found the charges proved against the respondent and therefore, the Disciplinary Authority inflicted the punishment of dismissal from service. 4. The CGIT, however, vide impugned award, has set aside the order of punishment and directed the petitioner- Management to pay backwages @75% from the date of dismissal till the date of his superannuation within 60 days along with future interest @6% p.a. 5. The respondent had attained the age of superannuation on 03.06.2007. Though we are not very convinced with the impugned award, however, considering the fact that petitioner- Management is willing to pay some lumpsum compensation to the respondent for his services rendered in the organization before he was dismissed from service, we deem it appropriate to direct the petitioner-Management to pay a sum of Rs.7,00,000/- to the respondent within a period of four weeks from today. The said lumpsum compensation of Rs.7,00,000/- is towards all dues, entitlement and claims of the respondent. Accordingly, the impugned award passed by the CGIT is set aside. - 4 - HC-KAR CNR: KAHC010323702020 NC: 2026:KHC:44109-DB WP No. 14317 of 2020 6. With the aforesaid, we dispose of this writ petition. In view of disposal of the writ petition, pending IAs, if any, do not survive for consideration and accordingly, they stand disposed of. Sd/- (D K SINGH) JUDGE Sd/- (H.SHANTHI BHUSHAN) JUDGE BKV CT:SN List No.: 1 Sl No.: 20