Mr Shivashankar Rao Vs the Managing Director

MR SHIVASHANKAR RAO S/O JAGANATH RAO AGED ABOUT 50 YEARS R/AT NO.5963 SARASWATHI NILAYA, BEHIND MUNICIPAL QUARTERS, MARUTHI EXTENSION MALUR 563 130 (KOLAR DIST)

¶11

…PETITIONER

¶12

(BY SRI. S.RAMESH, ADVOCATE FOR SRI. GIRISHA N R., ADVOCATE)

¶13

Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA

¶14

AND:

¶15

THE MANAGING DIRECTOR STATE BANK OF INDIA HEAD OFFICE KEMPEGOWDA ROAD, BENGALURU 560 009

¶16

…RESPONDENT

¶17

(BY SRI. R.NARAYANA, ADVOCATE)

¶18

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE ENTIRE RECORDS IN C.R.NO.43/2006 PENDING ON THE FILE OF THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT AT BENGALURU, ETC.

¶19

2 -

¶20

NC: 2026:KHC:25552-DB WP No. 10877 of 2021

¶21

HC-KAR

¶22

THIS PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

¶23

CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE RAJESH RAI K

¶24

ORAL ORDER

¶25

(PER: HON'BLE MR. JUSTICE D K SINGH)

¶26

The present writ petition has been filed impugning the judgment and award dated 06.08.2019 passed by the Central Government Industrial Tribunal-cum-Labour Court in CR No. 43/2006.

¶27

2. The petitioner was working with the respondent Bank from 1988 to 1998. His services were recognized as temporary workmen. The petitioner and similarly placed other persons raised Industrial Dispute. The Central Government vide order dated 19.10.2006 in exercise of the powers conferred under Clause (d) of Sub-Section (1) and Sub-Section 2(A) of Section 10 of the Industrial Disputes Act 1947, referred the following Industrial Dispute for adjudication to the Central Government Industrial Tribunal-cum-Labour Court:-

¶28

"Whether the action of the management of State Bank of Mysore, Chinthamani Branch, Kolar Dist. in terminating

¶29

3 - NC: 2026:KHC:25552-DB WP No. 10877 of 2021

¶30

HC-KAR

¶31

the services of S/Shri Subramani S/o Shri Chikkanarayanapa; P. Ramasubba reddy S/o. Shri Papanna; Dinesh Kumar S/o Shri C.P. Suryanarayana Rao; J Shivashankar Rao S/o Late Shri Jaganath Rao; Chowda Reddy S/o Shri Venkatarayapa; B.S. Shanmugananda S/o. Shri B.T. Satyanarayana Shetty; L. Manmmoji Rao S/o Lingoji Rao, M Balanjaneya S/o Shri Munivenkatappa is justified? If not, what relief the persons concerned are entitled to?"

¶32

3. The Industrial Tribunal has recorded a finding that the petitioner did not complete the tenure of 240 days at any point of time during all these years and therefore, the reference was rejected.

¶33

4. The petitioner even though requested for furnishing the attendance registers which were in the possession of the Bank, the Bank took a ground that the records have been destroyed.

¶34

5. We are therefore, of the view that the Industrial Tribunal could have drawn an adverse inference against the Bank for not producing the relevant records/attendance registers, which were in its possession for proper adjudication of the dispute.

¶35

4 - NC: 2026:KHC:25552-DB WP No. 10877 of 2021

¶36

HC-KAR

¶37

6. Be that as it may, long time has lapsed since the petitioner's services came to be terminated in the year 1998. Now that we are in the year 2026 and therefore, instead of allowing CR No.43/2006 and setting aside the impugned Award and ordering for reinstatement and back wages, in the interest of justice we direct the Respondent-Bank to pay an amount of Rs.1,00,000/- (Rupees One Lakh Only) to the petitioner within a period of 4 weeks from today, to meet the ends of justice for his long association with the Bank i.e., for almost 10 years before his services came to be terminated in the year 1998.

¶38

7. With the above direction, the present writ petition stands

¶39

disposed of.

¶40

Sd/(D K SINGH) JUDGE

¶41

Sd/(RAJESH RAI K) JUDGE

¶42

NG CT: SN List No.: 1 Sl No.: 49

Mr Shivashankar Rao v. the Managing Director

Case brief

What is this about?

What did the court decide?

Mr Shivashankar Rao v. the Managing Director

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Mrs. Ragini Bhartari Vs Centre for Development of Advanced Computing (Formerly National Centre of Software Technology)

Jyothi Vs the Divisional Controller

Channegowda Vs Singrigowda

Sri. Srikantaiah Vs Karnataka Upa Lokayukta-I

M/S Bengal Lamps Ltd. Vs State of Karnataka

M/S Sbr Infra Buildtech Vs M/S Apya Capital Services Private Limited