IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2019 BEFORE THE HON' BLE MR.JUSTICE R. DEVDAS WRIT PETITION NO.9526 OF 2018(L-TER) BETWEEN THE DEPUTY GENERAL MANAGER & DISCIPLINARY AUTHORITY VIJAYA BANK HEAD OFFICE NO.41/2, M G.ROAD, BENGALURU-560 001 REPRESENTED BY ITS DEPUTY GENERAL MANAGER HARI MOHAN AGGARWAL (BY SRI RAMDAS, SENIOR COUNSEL FOR ... PETITIONER M/S SUNDARSWAMY & RAMDAS, ADVOCATES) AND SRI VASANTH KUMAR SON OF SRI D YAMUNAPPA AGED ABOUT 33 YEARS, RESIDING AT MIG-1, NO.427, 2ND MAIN, 5TH CROSS, KUVEMPUNAGAR BELLARY-583 103 (BY SRI R NAGENDRA NAIK, ADVOCATE) ... RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE AWARD DTD:17.11.2017 [ANENXURE-F] PASSED BY CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, BENGLAURU IN I.D.NO.9/2016 AND REMAND THE MATTER TO THE TRIBUNAL FOR DISPOSAL OF THE DISPUTE ON MERITS AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER R. DEVDAS J., (ORAL):
Though the matter is coming up for ‘Hearing on Interlocutory Application’, with the consent of the learned counsels on both the sides the matter is heard and disposed of finally.
2. The petitioner is before this Court calling in question the award dated 17.11.2017 at Annexure-F passed by the Central Government Industrial Tribunal-cum-Labour Court, Bengaluru in I.D.No.9/2016.
3. Learned Senior Counsel Sri S.S.Ramdas, appearing for the petitioner Bank submits that the impugned award is passed exparte, in the sense that the petitioner Bank was not able to file objections and lead evidence. Learned Senior Counsel admits that the fault was on the part of the petitioner Bank, however the same was due to misplacement of the papers and file connected to the matter.
4. Having heard the learned Senior Counsel appearing for the petitioner and the learned counsel for the respondent, this Court is of the opinion that the impugned award requires to be set aside while providing an opportunity to the petitioner to participate in the proceedings. Therefore, the impugned award dated 17.11.2017 is hereby quashed and set aside, subject to payment of cost of Rs.5,000/- to the respondent before the Tribunal, within a period of one week from the date when the parties appear before the Tribunal. The parties are directed to appear before the Central Government Industrial Tribunal-cum-Labour Court, Bengaluru in I.D.No.9/2016 on 24.04.2019 at 11.00 a.m., without waiting for notice from the Tribunal. The learned Senior Counsel submits that the petitioner herein will file objections on the first date of hearing before the Tribunal.
Writ petition is accordingly disposed of.
5. In view of the disposal of the main petition, I.A.No.1/2019 does not survive for consideration and is accordingly dismissed.
KLY/ SD/- JUDGE