- 1 - HC-KAR CNR: KAHC010561072019 NC: 2026:KHC:47559-DB WP No. 5284 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN WRIT PETITION NO. 5284 OF 2020 (L-RES) BETWEEN: 1. SRI SUBBEGOWDA S/O LATE MADEGOWDA AGED ABOUT 46 YEARS MESSENGER CUM SWEEPER R/AT CHIKKATI VILLAGE GUNDLUPETE TALUK CHAMARAJNAGAR DISTRICT-571109 …PETITIONER (BY SRI. S.PRAKASH SHETTY., ADVOCATE) AND: 1. THE MANAGEMENT OF KARNATAKA GRAMIN BANK CA-20,VIJAYANAGAR, 2ND STAGE MYSORE-570017 THE PRESENT ADDRESS AFTER MERGER HEAD OFFICE NO.32 SANGANAKALLU ROAD GANDHINAGAR BALLARY-583103 2. THE CHAIRMAN KARNATAKA GRAMIN BANK CA-20, VIJAYANAGAR Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010561072019 NC: 2026:KHC:47559-DB WP No. 5284 of 2020 2ND STAGE MYSORE-570017 THE PRESENT ADDRESS AFTER MERGER HEAD OFFICE NO.32 SANGANAKALLU ROAD GANDHINAGAR BALLARY-583103 3. THE BRANCH MANAGER UDBOOR BRANCH KARNATAKA GRAMINA BANK MYSORE TALUK-570008 …RESPONDENTS (BY SRI. T P MUTHANNA., ADVOCATE FOR R1 & R2; R3- THE BRANCH MANAGER, UDBOOR BRANCH, KARNATAKA GRAMINA BANK, MYSORE TALUK-570008-SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TOQUASH THE IMPUGNED ORDER DTD.26.7.2019 PASSED BY THE CENTRAL GOVERNMENT INDUSTRIAL LABOUR TRIBUNAL BENGLAURU IN CR NO.I.D.NO.8/2014 WHICH IS AT ANNEXURE-B BY ALLOWING THE W.P, ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN - 3 - HC-KAR CNR: KAHC010561072019 NC: 2026:KHC:47559-DB WP No. 5284 of 2020 ORAL ORDER (PER: HON'BLE MR. JUSTICE D K SINGH) The present petition under Article 227 of the Constitution of India has been filed impugning the order/award dated 26.07.2019 passed in I.A.No.8/2014 by the Central Government Industrial Tribunal-cum-Labour Court (for short, the CGIT). 2. The order dated 17.11.2016 (Annexure-E) passed by the Regional Provident Fund Commissioner-II would unequivocally demonstrates that the petitioner had been working with the respondent-Bank from December-1991 till November-2013, when his services were terminated without the issuance of notice or the payment of retrenchment compensation. The Tribunal erred in ignoring this statutory document, which is an assessment order passed under Section 7A of the Employees Provident Funds And Miscellaneous Provisions Act, 1952 (for short, 'the EPF Act'). 3. The order would clearly suggests that there was a clear employer-employee relationship between the petitioner and the respondent-bank and that the petitioner continuously - 4 - HC-KAR CNR: KAHC010561072019 NC: 2026:KHC:47559-DB WP No. 5284 of 2020 worked from December to 1991 till November 2013. Therefore, the finding recorded by the CGIT on 26.07.2019 passed in I.D.No.08/2014 holding that the petitioner had not worked for 240 days or more in any calendar year cannot be countenanced and such a finding goes against the record specifically the order passed by the Regional PF Commissioner-II in the case of the petitioner. By the said order, an assessment order under Section 7A of the EPF Act was passed directing the respondent- management to deposit Rs.87,351/- in the petitioner's PF account, while separate proceedings were directed to be undertaken for penalty and interest. 4. In view of the aforesaid reasons, the impugned order/award dated 26.07.2019 passed by the CGIT cannot be sustained and is liable to be set aside. The petitioner is consequently entitled to appropriate relief. Accordingly, we pass the following: ORDER i. The writ petition is allowed. - 5 - HC-KAR CNR: KAHC010561072019 NC: 2026:KHC:47559-DB WP No. 5284 of 2020 ii. The impugned order/award dated 26.07.2019 passed by the CGIT in I.D.No.8/20174 is hereby set aside. iii. The respondent-Bank is directed to reinstate the petitioner in service on a Group-D post (Peon/Attender/Messenger), as may be available and appropriate in accordance with the establishment of the respondent. iv. The petitioner shall be entitled for 50% of the back wages from the date of the termination of his employment till the date of his reinstatement with continuity of service. v. The back wages payable to the petitioner shall be computed and paid within a period of six weeks from the date of receipt of a certified copy of this order. Sd/- (D K SINGH) JUDGE Sd/- (H.SHANTHI BHUSHAN) JUDGE RKA List No.: 2 Sl No.: 6