IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE P. B. BAJANTHRI WRIT PETITION NOS.12084-12113/2017 AND W.P.NOS.12115-12118/2017 C/W W.P.NOS.24072-24076/2017 AND 24078-24081/2017 (S-DIS) IN W.P. NOS.12084-113/2017 BETWEEN:
1. Amanath Co-Operative Bank Limited Employees Union [Regd.] A Registered Trade Union Registered under The Indian Trade Unions Act And Affiliated To All India Co-Operative Bank Federation (AICBF) And All India Bank Employees Association [AIBEA] Having Its Office At No.86 12th Cross, Gangondanahalli Nayandahalli Post Mysuru Road Bengaluru-560 029. Represented By Its General Secretary Sri. Hussain Sab M.J.
Son Of Late Abdul Jabbar Aged About 58 Years.
2. Sri Narayana Reddy S/o Govinda Reddy Aged About 53 Years Working as Sub-Staff Amanath Co-Operative Bank Limited Brigade Road Branch Bengaluru Residing At No.228, 10th Cross, Bellandur Bengaluru- 560 103.
3. Sri. Gururaja Rao B.S Son of Srinivasa Rao Aged about 51 Years Working as Sub-Staff Amanath Co-Operative Bank Limited N.R. Road Branch, Bengaluru, Residing at No.115, 3rd Main, 3rd Cross, Srinivasanagar, Bsk 1st Stage, Bengaluru- 560 050.
4. Sri Abdul Baseer Son of Sri Abdul Basith Aged about 51 Years, Working as Junior Assistant Amanath Co-Operative Bank Limited Mysuru Branch And Joint Secretary Amanath Co-Operative Bank Limited, Employees Union [Regd.] Residing At No.229, 8th Cross, Udayagiri 1st Stage, Mysuru- 570 019.
5. Sri D Suresh Kumar Son of Sri Krishna Setty Aged about 53 Years Working as Sub-Staff Amanath Co-Operative Bank Limited R. V. Road Branch, Bengaluru, Residing at No.19, 9/1, 1st Main, 1st Cross, 1st Block, East Jayanagar, Bengaluru-560 011.
6. Sri Mohammed Rahmathulla Son of Mohmed Hussain Aged about 55 Years Working As Sub-Staff Amanath Co-Operative Bank Limited BVK Iyengar Road Branch Bengaluru, Residing At No.15 5th Cross, Near Tagore School, Magadi Road, Bengaluru-560 023.
7. Sri Emam Valli Y M Son of Sri Shaik Mastan Aged About 51 Years Working as Sub-Staff Amanath Co-Operative Bank Limited J.J.R. Nagar Branch, Bengaluru, Residing At No.42, 13th Main 1st Cross, Magadi Road K P Agrahara Bengaluru-560 023.
8. Sri Ayub Khan K.G.
Son of Sri Ghaiban Khan Aged about 53 Years Working as Sub-Staff Amanath Co-Operative Bank Limited J.J.R. Nagar Branch, Bengaluru Residing At No.157/B 37th Cross, 2nd Main, Rajajinagar Bengaluru-560 010.
9. Smt.Nasreen Jan Wife of Sri Jameel Ahmed Aged about 52 Years Working as Junior Assistant Amanath Co-Operative Bank Limited Tannary Road Branch Residing At No.61, Muniswamappa Road J.C.Nagar, Bengaluru-560 006.
10. Sri.H.N.Manjunath Son of Sri Nagarajaiah Aged About 51 Years Working as Junior Assistant Amanath Co-Operative Bank Limited Siddiah Road Branch, Bengaluru, Residing at No.15/5, 2nd Floor 12th “A” Main, 7th Cross, Shivanagar, Rajajinagar, Bengaluru-560 010.
11. Sri Fasiur Rehaman Zahid Son of Sri Abdul Basith Aged about 53 Years Working as Junior Assistant Amanath Co-Operative Bank Limited B.V.K. Iyengar Road Branch Bengaluru, Residing At No.275 3rd Cross, Rahamathnagar, R.T.Nagar Post Bengaluru-560 032.
12. Ms. Mumtaz Begum D/o Sri Abdul Rahman Shariff Aged about 54 Years Working as Junior Assistant Amanath Co-Operative Bank Limited N.R.Road Branch, Bengaluru, Residing at No.7, 9th Main 9th Cross, Ex-Servicemen Colony Vasanthnagar, Bengaluru-560 052.
13. Sri Abdulla Basha Son of Sri Abdul Haleem Aged about 55 Years Working as Junior Assistant Amanath Co-Operative Bank Limited Brigade Road Branch Residing at No.13 New Market Road Cross M.No.III Street, Mysuru Road, Bengaluru - 560 051.
14. Sri Ayub Khan Son of Sri Abdul Rehman Khan Aged about 57 Years Working as Junior Assistant Amanath Co-operative Bank Limited B.V.K. Iyengar Road Branch Residing At No.22, 4th Cross, M.D.Block, Malleswaram Bengaluru-560 003.
15. Sri Riyaz Ahmed Shariff Son of Sri Mohammed Shariff Aged about 55 Years Working as Junior Assistant Amanath Co-operative Bank Limited R.T.Nagar Branch, Bengaluru, Residing At No.5, 3rd Cross 4th “G" Main, Kaval Byrasandra Nagamma Layout, Bengaluru-560 032.
16. Sri Mohamed Ameenuddin Son of Sri Mohammed Aslam Aged about 57 Years Working as Junior Assistant Amanath Co-Operative Bank Limited R.T.Nagar Branch, Bengaluru, Residing at No. 121, Makan Road Bharathinagar, Bengaluru – 560 001.
17. Smt. Javida Naaz Wife of Sri Syed Ishaq Aged about 52 Years Working as Junior Assistant Amanath Co-Operative Bank Limited R.V.Road Branch, Bengaluru-560 001. Residing At No.72 Ratna Vilas Road, Basvanagudi, Bengaluru-560 004.
18. Sri Vali Mohammed Taj Son of Allauddin A Aged about 51 Years Working as Junior Assistant Amanath Co-Operative Bank Limited J.J.R. Nagar Branch, Residing at No.34, Makan Road, Shivajinagar, Bengaluru-560 001.
19. Sri Tahir Pasha Son of Sri Basha Saheb Aged about 52 Years Working as Junior Assistant Amanath Co-Operative Bank Limited N.R.Road Branch Residing at No.2, Shivajinagar 2nd Cross, Weavers Colony Nelamangala, Bengaluru District.
20. Smt. Nagina Akhtar Wife of Late Abdul Rahim Aged about 53 Years Working as Junior Assistant Amanath Co-Operative Bank Limited Siddaiah Road Branch, Bengaluru Residing at No.61, Vivani Road Richards Town, Bengaluru-560 005.
21. Sri Arshad Hussain Son of Sri Manzoor Hussain Aged about 52 Years Working as Junior Assistant Amanath Co-Operative Bank Limited N.R.Road Branch, Bengaluru Residing at No. 134, 1st Main 1st Cross, C.M.Extension Kyatasandra Tumkur - 572 104.
22. Mrs. Nasreen Tabassum Wife of Sri Mohamed Ishaq Aged about 52 Years Working as Junior Assistant Amanath Co-Operative Bank Limited J.J.R. Road Branch, Bengaluru Residing at No.29, 2nd Cross 2nd Main, Pillanna Garden 2nd Stage, Bengaluru - 560 045.
23. Sri Wajid Ahmed Khan Son of Sri Khaleelulla, Aged about 53 Years Working as Junior Assistant Amanath Co-Operative Bank Limited N.R.Road Branch, Bengaluru Residing at No.12/1, 2nd Cross West of Padarayanapura 24. Sri Akthar Mahiuddin Peeran Son of Anwar M Peeran Aged About 56 Years Working as Senior Assistant Amanath Co-Operative Bank Limited N.R.Road Branch, Bengaluru Residing at No.6/2, 1st Main 5th Cross, Chinnappa Garden Bengaluru-560 046.
25. Sri Syed Sirajuddin Son of Sri Dastagir S.K. Aged about 51 Years Working as Senior Assistant Amanath Co-Operative Bank Limited Shivajinagar Branch, Bengaluru Residing At No.31, 2nd Cross New Gurappana Palya, B.G.Road Bengaluru-560 029.
26. Smt.Sameena Banu Wife of Sri. Naveed Ahmed Aged about 53 Years Working as Senior Assistant Amanath Co-Operative Bank Limited R V Road Branch, Bengaluru Residing At No.49/2, R.V. Road Basvanagudi Benglauru- 560 095.
27. Smt. Shaheem Madani Wife of Sri. K P Iqbal Hussain Aged about 51 Years Working as Senior Assistant Amanath Co-Operative Bank Limited Brigade Road Branch Residing At No.88, 4th Cross 7th Block, Koramangala Bengaluru-560 095.
28. Sri. Khasim Shariff Son of Abdul Hassan K Aged about 54 Years Working as Senior Assistant Amanath Co-Operative Bank Limited B.V.K. Iyengar Road Branch Bengaluru, Residing At No.21 9th Cross, 1st Main Someshwara Nagar Jayanagar, Bengaluru-560011.
29. Smt. Zubaida Banu Wife of Sri M Dastagir Aged about 52 Years Working as Senior Assistant Amanath Co-Operative Bank Limited N .R Road Branch, Bengaluru Residing at No.31, 2nd Floor 4th Cross, M D Block Chamarajpet, Bengaluru-560018.
30. Smt.Fathimmunnissa Wife of Sri Ishaq Ahmed Khan Aged about 58 Years Working as Senior Assistant Amanath Co-Operative Bank Limited N R Road Branch, Bengaluru Residing at No.97, 4th Main Further Extension, Viveknagar Bengaluru-560 047. …Petitioners (By Sri. Subbarao, Senior Counsel For Sri. Satheesha K.N., Advocate) And:
1. Amanath Co-Operative Bank Limited (A Scheduled Bank) Having Its Registered Office At No.43, Hospital Road Shivajinagar Bengaluru-560 001. Represented By Its President.
2. The General Manager Amanath Co-Operative Bank Limited (A Scheduled Bank) Corporate Office No.43, Hospital Road Shivajinagar Bengaluru-560 001.
3. The Reserve Bank Of India Rep. By Its Governor Department Of Co-0perative Bank, Regulation, Central Office, C-7, 1st/ 2nd Floor Bhandra Kurla Complex, Bandra(East) Mumbai – 400 051. ... Respondents (By Sri. Abhinav .R, Advocate For R1 & R2 (Vide Order Dated 22.01.2018;
Sri. T. Suryanarayana, Advocate, M/S. King & Partridge For R3) These Writ Petitions are filed under Article 226 of the Constitution Of India, praying to call for the entire records pertaining to circular and the notice as per Annex-L, H & K and to quash the Circular Dtd.14.2.2017 Vide Annex-L the notice Dtd.27.2.2017 Vide Annex-H the relieving the order Dtd.28.2.2017 Vide Annex-K, the relieving order Dtd.28.2.2017 Vide Annex-K1, the relieving the order Dtd.28.2.2017 Vide Annex-K2, the relieving order Dtd.28.2.2017 Vide Annex-K3, issued by the General Manager [In-Charge] of the Amanath Cooperative Bank Ltd., Bengaluru as they are illegal arbitrary and contrary to the service regulations and violative of the provisions of the I.D. Act and the Principles of Natural Justice.
AND W.P.NOS.12115-12118/2017 1. Smt. Khairunnissa Wife of Rizwan Jansheed Aged about 53 Years Working as Assistant Accountant Amanath Co-Operative Bank Limited Shivajinagar Branch, Bengaluru Residing at No.11/A, 2nd Main J C Nagar, Bengaluru-560 006.
2. Sri N S Prasad Son of Sri Nanjundaswamy Aged about 54 Years Working as Manager (I/C) Amanath Co-Operative Bank Limited Siddaiah Road Branch, Bengaluru Residing At No.2318, 6th Block Sri M Visveswaraya Layout Bengaluru-560 010.
3. Sri Imthiyaz Hussain Son Of Sri Bhasheer Baig Aged About 53 Years Working As Manager (I/C) Amanath Co-Operative Bank Limited Gulbarga Branch, Residing At No.6/1, K 5th Street Markham Road, Ashok Nagar Bengaluru-560 025.
4. Smt. Tasneen Jauhar D/O Mohd.Yousuf Aged About 41 Years Working As Senior Assistant Shivaji Nagar Branch, Residing At No.78, 2nd Cross Ex-Serviceman Colony R.T.Nagar, Bengaluru-560 032.
…Petitioners (By Sri. Subbarao, Senior Counsel For Sri. Satheesha K.N., Advocate) And:
1. Amanath Co-Operative Bank Limited (A Scheduled Bank) Having Its Registered Office At No.43, Hospital Road Shivajinagar Bengaluru-560 001. Represented By Its President.
2. The General Manager Amanath Co-Operative Bank Limited (A Scheduled Bank) Corporate Office No.43, Hospital Road Shivajinagar Bengaluru-560 001.
3. The Reserve Bank Of India Rep. By Its Governor Department Of Co-0perative Bank, Regulation, Central Office, C-7, 1st/ 2nd Floor Bandra Kurla Complex, Bandra (East) Mumbai – 400 051.
... Respondents (By Sri. Abhinav .R, Advocate For R1 & R2 (Vide Order Dated 22.01.2018;
Sri. T. Suryanarayana, Advocate, M/S. King & Partridge For R3) These writ petitions are filed under article 226 of the Constitution of India, praying to call for the entire records pertaining to Circular and the notice as per Annex-l, H & K and to quash the circular dtd.14.2.2017 vide Annex-l the notice dtd.27.2.2017 vide Annex-H the relieving the order dtd.28.2.2017 vide Annex-K, the relieving order dtd.28.2.2017 vide Annex-K1, the relieving the order dtd.28.2.2017 vide Annex-K2, the relieving order dtd.28.2.2017 vide Annex-K3, issued by the General Manager [in-charge] of the Amanath Cooperative Bank Ltd., Bengaluru as they are illegal arbitrary and contrary to the service regulations and violative of the provisions of the I.D. Act and the principles of natural justice.
IN W.P.NOS.24072-76/2017 AND 24078-81/2017 (S-DIS) BETWEEN:
1. Sri Mohammed Aejaz S/O Late Khadar Pasha Aged About 52 Years, Junior Assistant, Sidda Road Branch Amarnath Cooperative Bank Limited R/At No.143, Police Road, Bengaluru 560 053.
2. Sri. Salauddin Khatib S/O Abdul Rahman Khatib Aged About 58 Years, Sub Staff, Belagavi Branch Amanath Cooperative Bank Limited And Residing At 1st Cross, Near Yusufia Masjid Subhash Nagar, Belagavi-16.
3. Sri. R.A. Pachapuri S/O Allauddin Aged About 56 Years Junior Assistant, Belagavi Branch Amanath Cooperative Bank Limited And Residing At, No.4817/52, 2nd Cross, Subhashnagar Belagavi 590 016.
4. Smt. Noor Mohammedi W/O Shafi Ahmed Aged About 51 Years, Assistant Accountant J.J.R. Nagar Branch Amanath Cooperative Bank Limited R/At No.30, 2nd Main, Kouser Nagar, R.T. Nagar Post, Bengaluru 560 032.
5. Kumari D.K. Parijatha D/O Late D. Krishnamurthy Aged About 58 Years Senior Assistant, N.R. Road Branch Amanath Cooperative Bank Limited R/At No.14/1, Yellappa Street Chikkamavalli, Bengaluru 560 004.
6. Sri. Ali Mirza S/O Abid Hussain Aged About 59 Years Branch Manager (Incharge), Brigade Road, Amanath Co-Operative Bank Limited, R/At No.19, 1st Floor, II "A" Cross, 16th "C" Main, 4th Block, Koramangala Bengaluru 560 034.
7. Sri. Md. Haneef Lakshmishwar S/O Md. Hussain Aged About 51 Years, Junior Assstant, R.T. Nagar Branch Amanath Cooperative Bank Limited R/At No.19, 7th Cross, Dinnur Main Road, Bengaluru 560 032.
8. Sri. Hameed Ali Beig S/o Anwar Beig Aged About 54 Years Junior Assistant, R.T. Nagar Branch Amanath Cooperative Bank Limited R/At No.280, 2nd Main, 4th Cross, Rehamath Nagar, R.T. Nagar Post, Bengaluru 560 032.
... Petitioners (By Sri. Subbarao, Senior Counsel For Sri. Satheesha K N, Advocate) And:
1. Amanath Cooperative Bank Limited (A Scheduled Bank), Having Its Registered Office At No.43, Hospital Road, Shivajinagar, Bengaluru 560 001. Represented By Its President 2. The General Manager Amanath Cooperative Bank Limited, (A Scheduled Bank), Corporate Office, No.43, Hospital Road, Shivajinagar, Bengaluru 560 001.
3. The Reserve Bank Of India Rep. By Its Governor Department Of Co-Operative Bank, Regulation, Central Office, C-7, 1st/ 2nd Floor Bhandra Kurla Complex, Bandra (East) Mumbai – 400 051.
... Respondents (By Sri. Abhinav .R, Adv. For R1 & R2 (Vide Order Dated 22.01.2018)) These writ petitions are filed under Article 226 of the Constitution of India, praying to call for the records pertaining to circular and the notice vide Annex-l, H & K and to quash the notice dtd.27.2.2017 vide annex-h the relieving order dtd.28.2.2017 vide Annex-K, the circular dtd.14.2.2017 vide Annex-l issued by the General Manager [in-charge] of the Amanath Co-operative Bank Ltd, Bengaluru as they are illegal, arbitrary and contrary to the service regulations and violative of the provisions of the I.D. Act and the principles of natural justice.
These Writ Petitions coming on for Orders this day, the Court made the following:
ORDER Learned counsel for respondents on instructions submitted that respondent-banks are prepared to pay 25% of the arrears amount of the salary within a period of two weeks. Remaining arrears of salary would be paid in addition to the regular salary.
In view of the aforesaid submission, writ petitions stand disposed of.
25% of the arrears of pay in terms of resolution dated 22.07.2019, shall be paid within a period of two weeks from the date of receipt of certified copy of this order. Remaining arrears of salary shall be paid along with the regular monthly salary.
In terms of the above order, writ petitions stand disposed of.
BVK Sd/- JUDGE