HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27^TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE RAJESH RAI K WRIT PETITION NO. 1357 OF 2021 (L-TER)

C/W WRIT PETITION NO. 34310 OF 2017 (L-PG)

IN WP No. 1357/2021 BETWEEN:

REGIONAL MANAGER (THE DEPUTY GENERAL MANAGER)

STATE BANK OF INDIA DAVANGERE REGION REGIONAL OFFICE, DAVANGERE-577 001 …PETITIONER (BY SRI. T P MUTHANNA, ADVOCATE)

Digitally signed by AND:

PANKAJA S Location: HIGH COURT OF N.V. ARUNKUMAR KARNATAKA N.H. 13 MALLAPURA ROAD, KANAKANAGARA 5TH CROSS, NEAR TARAMANDALA CHITRADURGA-577 501 …RESPONDENT (BY SRI. R. RAMACHANDRAIAH, ADVOCATE)

THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS LEADING TO PASSING OF THE AWARD DATED 19/06/2020 IN ID NO.40/2013 PASSED BY CGIT-CUM-LABOUR COURT, BENGALURU AND ETC.

HC-KAR IN WP NO. 34310/2017 BETWEEN:

SRI ARUN KUMAR N.V AGED ABOUT 46 YEARS, S/O SRI.B.N.VARADARAJ, R/AT NO.NH-13, HOSPET ROAD, 5^TH CROSS, KANAKANAGARA, CHITRADURGA-577 501 ...PETITIONER (BY SRI. NAIK V.S, ADVOCATE)

AND:

THE GENERAL MANAGER(HR)

SBI ST. MARKS ROAD BENGALURU-560 001 (AMENDED AS PER COURT ORDER DATED 11.04.2018)

...RESPONDENT (BY SRI. J. PRADEEP KUMAR, ADVOCATE FOR SMT. K. SUBHA ANANTHI, ADVOCATE)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS FROM THE RESPONDENT PERTAINING TO ANNEX-D AND H;QUASH (i) PENSION PAYMENT ORDER DATED 19.8.2014 AND (ii) THE REPLY RECEIVED FROM THE BANK BEARING REF. NO.PGP / PENSION DATED 17.1.2015 RECEIVED FROM THE RESPONDENT - BANK THE ORIGINALS AT ANENX-D AND H RESPECTIVELY.

THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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

ORAL ORDER

(PER: HON'BLE MR. JUSTICE RAJESH RAI K)

Both the employee and the employer-Bank have preferred these writ petitions.

2. The employee in WP.34310/2017 is seeking quashing of pension payment order dated 19.08.2014, and a direction to the Bank to re-fix the pension by reckoning the period of suspension as period spent on duty and full salary as on the date of cessation of employment from the Bank and to pay arrears of pension and commutation benefit along with interest at 12% p.a.

3. The employer - Bank in WP.1357/2021 is seeking quashing of award dated 19.06.2020 in ID.No.40/2013 passed by the Central Government Industrial Tribunal (CGIT).

4. The facts of the case are that the employee was appointed in the employer-Bank with effect from 06.02.1995. While he was working as a Special Assistant at Hosadurga Branch of e-State Bank of Mysore, now State Bank of India had committed certain serious misconduct and as such, he was placed under suspension on 10.06.2011 and was thereafter HC-KAR issued with charge sheet on 16.04.2012. After holding disciplinary proceedings, the employee was removed from services of the Bank with effect from 23.03.2013 with superannuation benefits in terms of Clause 6(b) of Bipartite Settlements dated 10.04.2002. Aggrieved by the same, the employee preferred an appeal before the Appellate Authority and the Appellate Authority, after consideration of material documents, has rejected the appeal. Against which, the employee raised an industrial dispute before the Assistant Labour Commissioner and on failure of conciliation, he submitted a report to the appropriate Government. Thereafter, the dispute was referred to the CGIT,.

5. In the meanwhile, even after removal from service, the employee was not paid gratuity as per his entitlement, however, he received a sum of Rs.2,58,200/- towards gratuity. As such the employee approached the Controlling Authority under the Payment of Gratuity Act claiming balance amount of gratuity along with interest. The said application was partly allowed vide order dated 24.06.2015 by the Assistant Labour Commissioner and Controlling Authority. The Bank was directed to pay the differen