Karnataka High Court
The Assistant General Manager vs Sri. Prasad. B. R on 25 July, 2024
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NC: 2024:KHC:30290-DB
WA No. 245 of 2024
C/W WA No. 699 of 2024
CCC No. 175 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF JULY, 2024
PRESENT
THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE K V ARAVIND
WRIT APPEAL NO. 245 OF 2024 (S-RES)
C/W WRIT APPEAL NO. 699 OF 2024 (S-RES) AND
CCC NO. 175 OF 2024 (CIVIL)
IN WRIT APPEAL NO.245/2024
BETWEEN:
1. SRI PRASAD B.R.
AGED ABOUT 57 YEARS
S/O LATE RAJU B.S.
R/A NO.194/A
CHIKKERE STREET FORT
Digitally ARAKALGUD
signed by HASSAN DISTRICT - 573 102
AMBIKA H B ...APPELLANT
Location: (BY SRI K.N. NITISH, ADVOCATE FOR
High Court of SRI K.V. NARASIMHAN, ADVOCATE)
Karnataka
AND:
1. THE ASSISTANT GENERAL MANAGER
STATE BANK OF MYSORE
REGION-1, BANGALORE ZONE-2
B.K.G COMPLEX
AVENUE ROAD
GROUND FLOOR
BANGALORE - 560 009
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NC: 2024:KHC:30290-DB
WA No. 245 of 2024
C/W WA No. 699 of 2024
CCC No. 175 of 2024
2. THE BRANCH MANAGER
STATE BANK OF MYSORE
DODDABALLAPURA BRANCH - 400 026
PIN - 561 203
...RESPONDENTS
(SRI N. VENKATESH, ADVOCATE FOR RESPONDENT No.2)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO ALLOW THIS APPEAL
AND SET ASIDE THE IMPUGNED ORDER PASSED BY THE
LEARNED SINGLE JUDGE DATED 12.09.2023 IN W.P. No.18390/2010
(S-RES) TO THE EXTENT THAT ONLY 10% BACK WAGES IS
AWARDED AND CONSEQUENTIALLY DIRECT PAYMENT OF FULL
BACK WAGES IS NOT AWARDED & ETC.
IN W.A. NO. 699 OF 2024
BETWEEN:
1. THE ASSISTANT GENERAL MANAGER
AND ANOTHER
STATE BANK OF INDIA
(FORMERLY KNOWN AS STATE BANK OF MYSORE)
REGION-I, BANGALORE
ZONE-2, B.K.G. COMPLEX
AVENUE ROAD
GROUND FLOOR
BANGALORE - 560 009
NOW REPRESENTED BY
THE REGIONAL MANAGER
NOW STATE BANK OF INDIA(63897)
RBO-06, AO-2, BANGALORE NORTH
NETWORK-01, SURYA ASPIRE
1ST FLOOR, MUNICIPAL KHATHA
NO.205446-2447448-120-3
DEVANAHALLI BYPASS ROAD
BANGALORE - 562 110
BENGALURU RURAL DISTRICT
KARNATAKA
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NC: 2024:KHC:30290-DB
WA No. 245 of 2024
C/W WA No. 699 of 2024
CCC No. 175 of 2024
2. THE BRANCH MANAGER
FORMERLY STATE BANK OF MYSORE
NOW STATE BANK OF INDIA
DODDABALLAPURA BRANCH-400 026
POST OFFICE ROAD
POST BOX NO.1
PIN - 561 203
...APPELLANTS
(BY SRI N. VENKATESH, ADVOCATE)
AND:
1. SRI. PRASAD B.R.
S/O LATE RAJU B.S.
AGED ABOUT 58 YEARS
RESIDING AT NO.194/A
CHIKKERE STREET
FORT, ARAKALGUD - 573 102
HASSAN DISTRICT
...RESPONDENT
(BY SRI K.N. NITISH, ADVOCATE FOR
SRI K.V. NARASIMHAN, ADVOCATE)
THIS WRIT APPEAL FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE
ORDER DATED 12/09/2023 PASSED BY THE LEARNED SINGLE
JUDGE IN W.P. NO.18390/2010 (S-RES) AND ALLOW THE APPEAL.
IN CCC NO. 175 OF 2024 (CIVIL)
BETWEEN:
1. SRI PRASAD B.R.
AGED ABOUT 57 YEARS
S/O LATE RAJU B.S.
R/A NO.194/A,
CHIKKERE STREET, FORT
ARAKALGUD
HASSAN DISTRICT - 573 102
PRESENTLY RESIDING AT
NO.191/1, BEHIND SRI RAMA STREET
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NC: 2024:KHC:30290-DB
WA No. 245 of 2024
C/W WA No. 699 of 2024
CCC No. 175 of 2024
UTTARADI MUTT ROAD
MYSURU - 570 004.
...COMPLAINANT
(BY SRI K.N. NITISH, ADVOCATE FOR
SRI K.V. NARASIMHAN, ADVOCATE)
AND:
1. SRI RAVITHEJA
THE ASSISTANT GENERAL MANAGER
STATE BANK OF MYSORE
PRESENTLY SBI
REGION-1, BANGALORE ZONE-2
B.K.G COMPLEX, AVENUE ROAD
GROUND FLOOR
BANGALORE - 560 009.
2. SRI. ANKE GOWDA
THE BRANCH MANAGER
STATE BANK OF MYSORE
PRESENTLY SBI
DODDABALLAPURA BRANCH
PIN - 561 203.
...ACCUSED
(BY SRI N. VENKATESH, ADVOCATE)
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE
CONTEMPT OF COURTS ACT 1971, R/W ARTICLE 215 OF THE
CONSTITION OF INDIA, PRAYING TO PUNISH THE ACCUSED FOR
HAVING COMMITTED THE CONTEMPT OF THE COURT OF ORDER
DATED 12.09.2023 PASSED BY THE LEARNED SINGLE
JUDGE OF THIS HON'BLE COURT IN W.P.NO.18390/2010 AT
ANNEXURE-A & ETC.
THESE APPEALS AND CCC, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS
UNDER:
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NC: 2024:KHC:30290-DB
WA No. 245 of 2024
C/W WA No. 699 of 2024
CCC No. 175 of 2024
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
N. V. ANJARIA
and
HON'BLE MR JUSTICE K V ARAVIND
ORAL JUDGMENT
(PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) Learned Single Judge by his judgment and order dated 12.09.2023 allowed Writ Petition No.18390 of 2010 filed by the employee. The Bank was directed to reinstate the petitioner- employee forthwith. Learned Single Judge awarded backwages to the extent of 10%.
1.1 Two appeals came to be preferred against the aforesaid judgment and order. Writ Appeal No.245 of 2024 was by the petitioner who was aggrieved for the reason that only 10%, and not 100% backwages were granted. The other writ appeal was by the employer-State Bank of Mysore which was directed against the order of reinstatement.
2. Heard learned advocate Mr. K.N. Nitish for learned advocate Mr. K.V. Narasimhan and learned advocate Mr. N. Venkatesh for -6- NC: 2024:KHC:30290-DB WA No. 245 of 2024 C/W WA No. 699 of 2024 CCC No. 175 of 2024 the respective parties in which they appeared in the appeal concerned.
3. Noticing the basic facts, petitioner was an employee of State Bank of Mysore, working as sub-staff as permanent employee at a branch office. It was the case of the petitioner that he suffered from severe L.S. Spondilites which was disc displacement, in the month of April 2005, due to which he could not attend the duties as he was advised complete rest. It appears that Medical Certificate was produced by the petitioner-employee before the Inquiring Authorities. The Bank however issued communications dated 30.11.2008 and 12.11.2009 stating and reiterating that the petitioner failed to report for duty, therefore, he deemed to have voluntarily retired from service with effect from 01.12.2008. 3.1 It was the said communications dated 30.11.2008 and 12.11.2009 which came to be called in question by the petitioner before learned Single Judge, praying for reinstatement with consequential benefits. It was the case that the petitioner had already informed the Bank on 12.06.2006 about his disc injury and the Bank had addressed letter dated 15.05.2006 to report to the Chief Medical Officer of the Bank and that the Chief Medical -7- NC: 2024:KHC:30290-DB WA No. 245 of 2024 C/W WA No. 699 of 2024 CCC No. 175 of 2024 Officer, thereafter, had issued the Certificate, which was to the effect that the petitioner was fit for duty. It is the case of the petitioner that thereafter he reported for duty on 30.05.2006, but was prevented from joining.
3.2 As the facts further show, and also recorded by learned Single Judge that thereafter, on 30.10.2008, the Bank issued a memo stating that the petitioner was unauthorisedly absent. The petitioner gave reply to state that the letter was received on 24.11.2008 and that he reported back for duty on 06.12.2008. Learned Single Judge recorded that the Bank had received the said letter on 28.11.2008.
4. It is the finding recorded by learned Single Judge that despite the aforesaid letter of the petitioner showing readiness to join the duty, memo dated 30.11.2008 was given to the petitioner by the Bank treating him to be deemed to have voluntarily retired from service with effect from 01.12.2008. It was concluded that in view of the correspondence and readiness of the petitioner reflected therein to come back on duty, the action on part of the Bank in treating the petitioner having voluntarily retired was not justified. -8-
NC: 2024:KHC:30290-DB WA No. 245 of 2024 C/W WA No. 699 of 2024 CCC No. 175 of 2024 4.1 Following finding was recorded by learned Single Judge in paragraph 29, "In light of these facts, it cannot be alleged by the Bank that the petitioner was unauthorisedly absent. It is to be seen that when the Bank ultimately issued to him a Memo dated 30.10.2008, calling upon him to join for duty within 30 days, he had submitted a reply dated 24.11.2008 (Annexure-H) stating that he was out of town and that he would report for duty on 06.12.2008. Though the Bank received this letter on 28.11.2008 it has proceeded to issue the impugned Endorsement stating that the petitioner was deemed to have voluntarily retired from service with effect from 01.12.2008. The fact that the Bank issued this Memo indicating a deemed voluntary retirement, even though it had received the petitioner's letter on 28.11.2008, indicates that the intention of the Bank was to somehow keep the petitioner out of service."
5. Thus, the facts go to show that the petitioner was not allowed to join the duty by the Bank on the pretext that he first had to submit his leave letter along with medical certificate. When the petitioner was time and again writing letters, had expressed his willingness to join the duty and had also reported for duty factually, the action on part of the Bank to treat the petitioner deemed to have voluntarily retired, was rightly held to be untenable in law by learned Single Judge. It was erroneous on part of the Bank to treat -9- NC: 2024:KHC:30290-DB WA No. 245 of 2024 C/W WA No. 699 of 2024 CCC No. 175 of 2024 the petitioner as having unauthorisedly absent. Consequently, the petition was allowed, as above.
5.1 Today when the appeal come up for consideration, learned advocate for respondent No.2-Bank stated that the Bank has decided to reinstate the petitioner and that the petitioner has been accordingly reinstated. It was stated that the petitioner has resumed the services also. In other words, the impugned order of voluntary retiring the petitioner which was set aside by learned Single Judge, no more requires any further adjudication on that count as the petitioner is reinstated.
6. This leaves the Court with the aspect of grant of backwages to the extent of 10%. In the writ appeal filed by the petitioner, he has challenged the non-grant of backwages to the extent of 10%. 6.1 It is trite principle that granting of backwages to the extent thereof is always discretion of the Court to be exercised on relevant considerations. The award of backwages is not automatic while it depends upon several relevant considerations.
7. While awarding backwages of 10%, learned Single Judge has given the following reasons,
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NC: 2024:KHC:30290-DB WA No. 245 of 2024 C/W WA No. 699 of 2024 CCC No. 175 of 2024 "As far as back-wages are concerned, it is noticed that there was a delay on the part of the petitioner in responding to the intimations issued by the Bank and there was also another shortcoming on the part of the petitioner inasmuch as the fact that he went on a protracted correspondence of the Bank instead of reporting for duty, or, in the alternative, approaching the Court of law. Therefore, in my view, interest of justice would be met with if the petitioner is granted 10% back-wages."
8. Thus, the aspect of delay on part of the petitioner is considered by learned Single Judge to consider the grant of backwages to the extent of 10%.
9. This Court is not inclined to interfere with the discretion exercised by learned Single Judge. The grant of 10% backwages could be said to be on a valid and relevant consideration that the petitioner was always late in responding to the intimations of the Bank and that he indulged into the long correspondence instead of reporting for duty or in approaching the Court of law.
10. No interference is warranted in the order of learned Single Judge which awards 10% backwages.
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NC: 2024:KHC:30290-DB WA No. 245 of 2024 C/W WA No. 699 of 2024 CCC No. 175 of 2024
11. In view of the foregoing discussion, Writ Appeal No.245 of 2024 filed by the petitioner and Writ Appeal No.699 of 2024 filed by the Bank, both are dismissed.
The contempt petition will not survive in view of the decision in the appeals as above. However, it is directed, while disposing of the contempt petition, that the direction regarding payment of 10% backwages shall be complied with by the Bank and the backwages shall be paid within eight weeks from the date of receipt of the present order.
In view of dismissal of the appeals, the interlocutory applications would not survive and they stand accordingly disposed of.
Sd/-
(N. V. ANJARIA) CHIEF JUSTICE Sd/-
(K V ARAVIND) JUDGE AHB, List No.: 1 Sl No.: 15