- 1 - HC-KAR NC: 2026:KHC:5465-DB WP No. 2870 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE S RACHAIAH WRIT PETITION NO. 2870 OF 2022 (L-RES) BETWEEN: 1. THE ASSISTANT MANAGER, CANARA BANK, INDUSTRIAL RELATIONS SECTION, HUMAN RESOURCES WING, HEAD OFFICE NO.112, JC ROAD, BENGALURU-560002. …PETITIONER (BY SRI. SANTOSH S. NAGARALE, ADVOCATE) AND: 1. K SUBRAMANI C/O SRI.K.RANGANTHAN, NO.12/30, RAJAMMA NILAYA, I MAIN ROAD, NEW MADIWALA EXTENSION, MARUTHI NAGAR, BENGALURU-560068. …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO-SET ASIDE THE AWARD PASSED BY THE HONBLE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL DATED 20.01.2021 IN INDUSTRIAL DISPUTE NO.4/2015 AT ANNEXURE-E TO THE WRIT PETITION ETC. Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:5465-DB WP No. 2870 of 2022 THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER (PER: HON'BLE MR. JUSTICE D K SINGH) The present petition has been filed impugning the award dated 20.01.2021 passed by the Central Government Industrial Tribunal cum Labour Court (hereinafter referred to as CGIT for short) in Industrial Dispute No.04/2015. 2. The brief facts of the case are that the respondent had joined the services of the petitioner-Bank on 21.07.1976. In the year 2012 he was working as Clerk in CCBRM Section, Card Division, TRB Wing, Head Office Bengaluru. According to the petitioner-Bank, the respondent remained absent from duty unauthorisedly since 02.11.2012, for a period of more than 90 days. The respondent was issued a notice dated 08.02.2013 requiring him to join the duty within 30 days from the date of the receipt of the notice, failing which, appropriate - 3 - HC-KAR NC: 2026:KHC:5465-DB WP No. 2870 of 2022 action would be initiated against him as per the provisions of Voluntary Cessation of Employment, in terms of Head Quarters Circular No. 157/2005 dated 20.06.2005. 3. The said notice was never served on the respondent as the address was not correct in the notice. The petitioner -Bank never bothered to issue a fresh notice to the respondent with correct address. 4. Since the respondent did not join the duty as per the notice which remained unserved, vide proceedings dated 07.06.2013 the Bank passed the order for cessation of his services in the Bank with effect from 07.06.2013. It was also ordered that his absence from 02.11.2012 to 07.06.2013 to be treated as absence without leave and on loss of pay. 5. The respondent raised the industrial dispute impugning the order dated 07.06.2013 Whereby his services were seized in the Bank. - 4 - HC-KAR NC: 2026:KHC:5465-DB WP No. 2870 of 2022 6. The respondent in his claim petition Stated that he was hospitalized for 5 weeks as he had suffered fracture in an accident on 21.06.2012. Thereafter, he resumed duty with effect from 06.08.2012. Though he was feeling severe discomfort and pain, as a result of the accident, he performed the duties upto 01.01.2012. But because of his health problem he could not attend his duties with effect from 02.11.2012. The respondent was treated for his post traumatic stress disorder which was the result of the accident in June 2012. He was treated at Mallya Hospital until November 2012. He was living alone and he was under constant medication, he could not contact the Bank. All the while he was undergoing treatment. 7. He was granted fitness certificate with effect from 01.07.2013 and his absence from 02.11.2012 to 30.06.2013 was not willful, but reasons beyond his control. He sought to report for duty on 01.07.2013 but he was informed that he was no more in the employment of - 5 - HC-KAR NC: 2026:KHC:5465-DB WP No. 2870 of 2022 the Bank on the ground of Voluntary Cessation of Employment. 8. The respondent had Rendered 36 years long unblemished service in the petitioner - Bank. The respondent produced the medical record. He had enough privileged leave, sick leave, additional sick leave and casual sick leave altogether for 369 days. The Bank treated his committed employee who had unblemished record of 36 long years service in a shabby manner in dispensing with his services on the ground of Voluntary Cessation or abandonment of duties with effect from and by the order dated 07.06.2013. 9. The Tribunal examined the evidence, documentary and oral, and thereafter found that the notice issued by the Bank calling upon the respondent to join duty was never served on him and the Bank never took care to serve notice with correct address. - 6 - HC-KAR NC: 2026:KHC:5465-DB WP No. 2870 of 2022 10. Considering the fact that the respondent's cessation of service was in violation of the Bank's own circular, as he was not issued notice. On 07.06.2013, when the respondent had the three years' service left in the Bank, in view of the aforesaid facts and considering the non-service of notice, the Tribunal set aside the order dated 07.06.2013 passed by the Bank, against the respondent and directed the petitioner - Bank to treat the respondent as on duty continuously from the date of his alleged unauthorised absence i.e. 02.11.2012 till the date of superannuation and pay back-wages @ 50%. 11. The learned counsel for the petitioner has not disputed the factum of non-service of notice, nor the fact that the respondent had put up 36 long years unblemished service in the bank, nor the fact that the respondent had 369 days leave available to him when the order of treating the respondent to have voluntarily abandoned the service was passed on 07.06.2013. Considering the aforesaid facts and circumstances, which have been discussed in detail in - 7 - HC-KAR NC: 2026:KHC:5465-DB WP No. 2870 of 2022 the impugned award, we are of the view that the impugned award passed by the CGIT does not require an interference. Hence, we direct the petitioner - Bank to pay the wages as directed by the Tribunal with interest at the rate of 6% within a period of 6 weeks from today and pay all consequential benefits i.e., the post-retirement benefits, pension, gratuity, P.F. and earned leave encashment to the respondent, if already not paid along with interest at the rate of 9% within a period of 6 weeks. With the aforesaid directions, we dismiss this Writ Petition. Sd/- (D K SINGH) JUDGE Sd/- (S RACHAIAH) JUDGE BVK List No.: 2 Sl No.: 16