State Bank Of India vs Shri. K. M. Shama Rao
2023 Latest Caselaw 7078 Kant

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                                                      NC: 2023:KHC:36245-DB
                                                        WA No. 658 of 2023



                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 6TH DAY OF OCTOBER, 2023

                                         PRESENT

                   THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE

                                            AND

                          THE HON'BLE MR JUSTICE KRISHNA S DIXIT

                            WRIT APPEAL NO. 658 OF 2023 (L-RES)

                   BETWEEN:

                   STATE BANK OF INDIA,
                   LEGAL DEPARTMENT LOCAL HEAD OFFICE
                   NO.65, ST. MARKS ROAD,
                   BENGALURU-560 001.
                   (AS PER COURT ORDER DATED 21.02.2018,
                   THE CAUSE TITLE HAS BEEN AMENDED)
                   REP. BY ASST GENERAL MANAGER,
                   ANAND V GANGUR
                                                               ...APPELLANT
                   (BY SRI. T P MUTHANNA.,ADVOCATE)

Digitally signed   AND:
by SHARADA
VANI B             SHRI. K. M. SHAMA RAO
Location:          AGED ABOUT 69 YEARS,
HIGH COURT
OF                 S/O. LATE SHRI MUNNOJI RAO,
KARNATAKA          R/AT KOLARAMMA EXTENSION,
                   FORT, KOLAR-563 101.
                                                       ...RESPONDENT
                   (BY SRI.K B NARAYANASWAMY.,ADVOCATE FOR C/R1 (CP
                   No5892,2023)

                        THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA
                   HIGH COURT ACT PRAYING TO CALL FOR THE RECORDS AND
                   A) TO SET ASIDE THE ORDER DATED 07.02.2023 PASSED BY
                   THE LEARNED SINGLE JUDGE IN WRIT PETITION No.
                   29798/2014 (L-RES) AS ANNEXURE-A AND B) TO GRANT SUCH
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                                         NC: 2023:KHC:36245-DB
                                           WA No. 658 of 2023



OTHER RELIEF/s AS THIS HONBLE COURT MAY DEEM FIT TO
GRANT IN THE CIRCUMSTANCES OF THE CASE TO THE
APPELLANT BANK, IN THE INTEREST OF JUSTICE AND EQUITY.

    THIS APPEAL COMING ON FOR ORDERS THIS DAY,
CHIEF JUSTICE DELIVERED THE FOLLOWING:

                         JUDGMENT

This intra-Court appeal seeks to lay a challenge to a

learned Single Judge's order dated 07.02.2023 whereby,

its W.P No.29798/2014 (L-RES) calling in question the

Central Government Industrial Tribunal's order dated

10.04.2013. The Tribunal vide award dated 10.04.2013

having set aside the order of compulsory retirement of the

respondent - workman had directed reinstatement in

service with full backwages, continuity of service and all

other consequential benefits. Learned counsel appearing

for the appellant - Bank made submissions for faltering

the impugned order.

2. Having heard the learned counsel for the appellant

and having perused the appeal papers, we decline

indulgence in the matter being broadly in agreement with

the reasoning on which the impugned order has been

NC: 2023:KHC:36245-DB WA No. 658 of 2023

structured. The challenge to the order of removal from

service came to be set at naught by the CGIT after

affording full opportunity to the Management and the

workman. The adjudication of facts having been done

after a lengthy trial, the said award was passed under the

provisions of the Industrial Disputes Act, 1947. The

challenge to the same was laid under Article 227 of the

Constitution, the other provision namely Article 226 having

been ornamentally employed by the appellant in its writ

petition. That being the position, we are of the considered

opinion that the intra-Court appeal against orders of the

kind are not maintainable. This view gains support from

the observations of a Seven Judge Bench of this Court in

TAMANNA vs. RENUKA, 2009 SCC ONLINE KARNATAKA

123.

3. Even otherwise, learned counsel for the appellant

despite vociferous submission is not a position to

demonstrate the error apparent on the face of the award

of the CGIT and therefore, the writ petition ought to have

been favoured. An intra-Court appeal like this although is

NC: 2023:KHC:36245-DB WA No. 658 of 2023

a continuation of the writ proceedings, it has its own

limitations, which restrict the scope of interference subject

to all exceptions, into which argued case of the appellant

does not fit.

In the above circumstances, this writ appeal being

devoid of merits is liable to be and accordingly, rejected in

limine.

Registry shall send a copy of this judgment to the

respondent by Registered Post.

Sd/-

CHIEF JUSTICE

Sd/-

JUDGE

Snb/