Writ appeal dismissing the appeal against the learned Single Judge's order where the High Court found no reason to interfere given the petitioner's substantial delay in approaching the court and raising the industrial dispute. Appeal dismissed.
The writ appeal filed to set aside the final order of the writ court was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2026:KHC:33588-DB WA No. 1528 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JULY, 2026
PRESENT
THE HON'BLE MR. JUSTICE D K SINGH AND
THE HON'BLE MR. JUSTICE T.M.NADAF WRIT APPEAL NO. 1528 OF 2025 (L-TER)
BETWEEN:
SHRI. S GUNASEELAN, S/O LATE A.M.D. SAMUEL, AGED ABOUT 85 YEARS, R/AT NO 3155/A, 11TH MAIN, HAL 2ND STAGE, BENGALURU - 560 008.
…APPELLANT
(BY SRI. HARISH N.R., ADVOCATE)
AND:
Digitally signed by REKHA R Location: High Court of Karnataka
THE MANAGEMENT OF RESERVE BANK OF INDIA, REPRESENTED BY ITS REGIONAL DIRECTOR, FOR KARNATAKA AND CHIEF GENERAL MANAGER, NRUPUTHUNGA ROAD, BENGALURU - 560 001.
…RESPONDENT
HC-KAR
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961 PRAYING TO SET ASIDE FINAL ORDER PASSED BY THE LEARNED SINGLE JUDGE, IN WP No. 12972 OF 2012 (L-RES) DATED:17.06.2025 AND FURTHER BE PLEASED TO ALLOW THE WRIT PETITION FILED BY THE APPELLANT BY ALLOWING THIS APPEAL IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE T.M.NADAF
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE D K SINGH)
The present writ appeal has been filed impugning the judgment and order dated 17.06.2026 passed by the writ Court in WP.No.12972/2012 filed by the appellant against the award dated 03.04.2007, passed by the Central Government Industrial Tribunal cum Labour Court, Bangalore, in proceedings bearing CR.77/2000 and 11/2005.
HC-KAR
2. The writ petition was filed after delay of more
than 5 years against an order which was passed on 03.04.2007 by the CGIT. The petitioner who was working as Grade-II clerk in the Reserve Bank of India, Bangalore remained unauthorizedly absent from 17.12.1987 to 16.08.1988 for almost 8 months.
3. Petitioner was proceeded with the disciplinary proceedings. He had participated in the enquiry and the Enquiry Officer had submitted the enquiry report finding the charge proved. After issuing him the second show cause notice, the petitioner was dismissed from service by the Disciplinary Authority. However, the appellate authority modified the order passed by the Disciplinary Authority and directed to treat the petitioner/appellant absence from 17.12.1987 to 16.08.1988 as leave without
pay while confirming the order of dismissal. The petitioner challenged the orders passed by the Disciplinary Authority and Appellate Authority in WP.954/1990, which was dismissed and WA.No.1813/1990 also came to be
HC-KAR
dismissed. The Supreme Court dismissed the SLP No.17259/1990. After dismissal of the SLP, the petitioner raised the industrial dispute, in which the CGIT passed the award dated 03.04.2007 dismissing the reference.
4. Neither the CGIT nor the writ Court has found any substance in the explanation for remaining unauthorised absent from duty for more than 71 / 2 months.
We find no reason to interfere with the well considered judgment passed by the learned Single Judge particularly when the petitioner raised the industrial dispute after substantial delay and approached this Court with delay of more than 5 years. We therefore, find no substance in this appeal and the same is dismissed .
Sd/(D K SINGH) JUDGE
Sd/(T.M.NADAF) JUDGE
PK List No.: 1 Sl No.: 1 ct-vn
2 issues framed by the court
Whether the High Court should interfere with the learned Single Judge's order dismissing the appeal given the substantial delay in filing the writ petition.
If the High Court should set aside the final order passed by the writ court against the award dismissing the industrial dispute reference.
S GUNASEELAN
THE MANAGEMENT OF RESERVE BANK OF INDIA
D K SINGH
T M NADAF
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
