Karnataka High Court
Virendra Naraian Upadhyay vs State Bank Of Mysore on 12 October, 2022
Author: S.G. Pandit
Bench: S.G. Pandit
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF OCTOBER, 2022
BEFORE
THE HON' BLE MR. JUSTICE S.G. PANDIT
WRIT PETITION No.9559/2016 (S-RES)
BETWEEN:
1. VIRENDRA NARAIAN UPADHYAY
S/O LATE SRI R L UPADHYAY
AGED ABOUT 52 YEARS,
WORKING AS SWO-B
AT SBM, HOODY BRANCH
MAHADEVAPURA, BANGALORE - 560 048
AND R/AT # 204, SANGAM PARADISE
7TH CROSS, CHINNAPPANAHALLI MARATHALLI,
BANGALORE - 560 037.
2. SHIVE KUMAR SINGH
S/O SRI BHAGVAT SINGH
AGED ABOUT 51 YEARS,
WORKING AS SWO-A
AT SBM, ARSIKERE MAIN BRANCH
HASSAN - 573 103 AND
R/AT 2ND FLOOR, BLOCK NO.68869,
7TH MAIN, VINAYAK NAGAR,
NEAR BAGALUR CROSS, YELAHANKA,
BANGALORE - 560 063.
3. JAI NARAIN SHARMA
S/O RAM RICHPAL,
AGED ABOUT 52 YEARS,
WORKING AS HEAD CASHIER AT SBM,
DEVANAHALLI BRANCH, BANGALORE - 562 110
AND R/AT 21/49, 11TH MAIN, 3RD CROSS,
KG HALLI JALAHALLI WEST, BANGALORE - 560 015.
4. CHAMAN KUMAR SHARMA
S/O SHRI JAGADISH PRASAD SHARMA,
AGED ABOUT 48 YEARS,
WORKING AS HEAD CASHIER AT SBM,
VYALIKAVAL BRANCH, BANGALOE AND
2
R/AT NO.292, 1ST FLOOR, 2ND MAIN,
1ST CROSS, BAHUBALI NAGAR
JALAHALLI POST, BANGALORE - 560 013.
5. ARVIND KUMAR
S/O BALIRAM SINGH,
AGED ABOUT 43 YEARS,
WORKING AS SWO 'A' AT SBM,
MADDUR BRANCH, NEAR BUS STAND,
MADDUR TQ, DISTRICT MANDYA - 571 428
AND R/AT NO.5, 3RD CROSS
OPPOSITE OMEGA HEALTH CARE
BANGALORE - 560 017.
6. VIJENDRA KUMAR
S/O SRI BRAHM DUTT,
AGED ABOUT 50 YEARS,
WORKING AS SWO 'B' AT SBM,
SME PEENYA BRANCH, 100 FT ROAD,
PEENYA INDUSTRIAL AREA
BANGALORE - 560 058.
AND R/AT C/O DILIP NIWAS, 10TH CROSS,
KG HALLI, JALAHALLI (WEST)
BANGALORE - 560 015.
7. BYJU EK
S/O SHRI E BLAKRISHNANA
AGED ABOUT 43 YEARS,
WORKING AS HEAD CASHIER
AT SBM, KOLAR BRANCH
GOWRIPET, KOLAR-563101 AND
RESIDING AT NO.S-105
INNOVATIVE NATURA, PUTTENAHALLI (V)
YELAHANKA, BANGALORE-560064
8. M CHANDRAMOHAN
S/O N MANICKAM
AGED ABOUT 46 YEARS,
WORKING AS SWO-A
AT SBM, KGF BRANCH
DIST KOLAR-563122 AND
RESIDING AT NO.18/8-A
ARTILLERY ROAD, CAMBRIDGE LAYOUT,
ULSOOR, BANGALORE-560017
9. BHUPENDER
S/O BABU LAL
3
AGED ABOUT 44 YEARS,
WORKING AS SWO-A
AT REGIONAL OFFICE-IV,
V V ROAD, MANDAY-563122 AND
RESIDNIG AT NO.62, BAZAR ROAD, DOWN,
SRINIVASA BUILDING,
YELAHANKA, BANGALORE-560064
10 . LAKSHMI NARASIMHAN B
S/O N SRINIVASA RAGHAVAN
AGED ABOUT 42 YEARS,
WORKING AS HEAD CASHIER
AT DODDABALLAPUR BRANCH
BANGALORE RURAL-562013 AND
RESIDING AT NO.88, 4TH CROSS
3RD MAIN, MARUTHI NAGAR
YELAHANKA, BANGALORE-560064
11 . K BALA SUBRAMANI
S/O R P KARUPPIAIH
AGED ABOUT 42 YEARS,
WORKING AS HEAD CASHIER
AT ATHIMUGAM BRANCH, HOSUR AND
RESIDNG AT NO.30/1, CLARK PET 'C'
ARMSTRONG ROAD CROSS
BANGALORE-560001
12 . UDAY KUMAR CHAKRABORTY
S/O A K CHAKRABORTY
AGED ABOUT 51 YEARS,
WORKIN AS SWO 'A'
AT CN HALLI BRANCH,
TUMKUR 572214 AND R/AT NO.104,
HIMAGIRI ENCLAVE,
BLOCK, 2-B, 27TH CROSS,
KAGGADASAPURA, BANGALORE-560093
13 . AMRESH KUMAR SINGH
S/O DEVENDRA PRASAD SINGH
AGED ABOUT 42 YEARS,
WORKING AS SWO 'A'
AT SBM, CN HALLI BRANCH TUMKUR 572214 AND
R/AT DOOR NO.202, THILAG MANSION,
3RD FLOOR, 3RD CROSS
1ST MAIN, LB SHASTRI NAGAR
VIMANAPURA POST, BANGALORE-560017
4
14 . VINOD KUMAR RANA
S/O SHRI VIJAY PAL SINGH
AGED ABOUT 45 YEARS,
WORKING AS SWO-A
AT SBM, VIJAYAPURA BRANCH
MELUR ROAD, VIJAYAPURA-562135 AND
RESIDING AT C/O K RAMAJINAPPA
VILL:KODAGALAHATTI
HUNASAMARANAHALLI
BANGALORE-562157
15 . TAPAS KUMAR DAS
S/O LATE PRAFULLA CHANDRA DAS
AGED ABOUT 42 YEARS,
WORKING AS SWO-A
AT SBM, TIPTUR BRANCH
RLY STN ROAD, TIPTUR-572201 AND
RESIDING AT ANU COMPLEX
NO.4, HUNASAMARANAHALLI
BANGALORE-562157
16 . SUPREYA KUMAR
S/O RABINDRA NATH GOLE
AGED ABOUT 43 YEASR,
WORKING AS SWO-A
AT SBM TIPTUR BRANCH
RLY STN ROAD, TIPTUR-572201
AND RESIDING AT C/O ROBERT ALBINA
AJC BUILDING, K G HALLI,
JALAHALLI (W), BANGALORE-560015
17 . BANDHU JEE PANDIT
S/O ANRIT PANDIT
AGED ABOUT 46 YEASR,
WORKING AS SWO-A
AT SBM VIJAYAPURA BRANCH
MELUR ROAD, DEVANAHALLI-562135 AND
R/AT AVADHESH NILAYAM
BHARATHI NAGAR, NEAR KUPPUSWAMY COMPLEX
HUNASAMARANAHALLI POST
BANGALORE-562157
18. K SURESH
S/O LATE SRI T KANNABIRAN
AGED ABOUT 45 YEARS,
WORKING AS SWO-A
5
AT SBM, BAGALUR BRANCH
HOSUR, KRISHNAGIRI-635103 AND
R/AT # 206. 3RD FLOOR
46/2, SRI KRISHNA RESIDENCY
SILVER SPRING ROAD, MUNEAKOLALA
MARATHAHALLI, BANGALORE-560037
19 . VIJENDER PAL
S/O DARIYAV SINGH
AGED ABOUT 43 YEARS,
WORKING AS SWO-A
AT SBM, MALUR BRANCH
KOLAR DIST-563130 AND
RESIDING AT NO.17/1 SRI DEVI NILAYA
2ND FLOOR, NEAR NEW AGE SCHOOL
MARATHAHALLI, BANGALORE-560037
20 . DINABANDHU GOPE
S/O LATE GHASIRAM GOPE
AGED ABOUT 53 YEARS,
WORKING AS HEAD CASHIER
AT BIAR SETTIGERE BRANCH
DODDAJALA POST-562157
AND RESIDING AT # 7, BALAJI COMPLEX
C/O PRASHANTH K HOSAHALLI RD
HUNASAMARANAHALLI,
BANGALORE-562157
21 . C SATHISH KUMAR
S/O N CHANDRAN
AGED ABOUT 41 YEARS,
WORKING AS HEAD CHASHIER
AT SBM, BHEL, MYSORE ROAD,
BANGALORE AND RESIDING AT NO.6,
4TH CROSS, RR MAIN ROAD, EJIPURA
VIVEKANAGAR, BANGALORE-560047
22 . M S SRINIVASAN
S/O M P SESHADRI IYER
AGED ABOUT 49 YEASR,
WORKING AS SWO-A
AT SBM, DODDABALLAPUR BRANCH
D CROSS ROAD, CHICKPET
DODDABALLAPUR-561203 AND R/AT NO-122,
2ND FLOOR, HIG-A 8, YAMUNA BLOCK,
KHB COLONY, 5TH PHASE,
6
YELAHANKA NEW TOWN
BANGALORE-560064
23 . HAREY KRISHNA SINGH
S/O TRIBHUWAN SINGH,
AGED ABOUT 46 YEARS,
WORKING AS SWO-A,
AT SBM,GUBBI BRANCH,
TUMKUR-572 216 AND
R/AT #2B, OPP MASJID-E-NOORANI
KG HALLI, JALAHALLI WEST,
BANGALORE-560 015
24 . RAGHAVENDRA A BILGI
S/O ARVIND V BILGI,
AGED ABOUT 42 YEARS
WORKING AS SWO-A,
AT SBM,BANGALORE BRANCH
BANGALORE-560 0254 AND
R/AT # 103, 2ND FLOOR, 7TH MAIN,
11TH CROSS, NAGPURA
MAHALAXMIPURAM, BANGALORE-560 086
25 . K KRISHNAN
S/O LATE GOVINDAN K
AGED ABOUT 43 YEARS
WORKING AS SWO-A,
AT SBM, DEVANAHALLI BRANCH
PUTTAPPA TEMPLE STREET, DEVANAHALLI,
BANGALORE-562110 AND
R/AT 302, SRI KRISHNA PLAZA
1ST MAIN VINAYAKA NAGAR, P.O.IAF
YELAHANKA, BANGALORE-560 063
26 . KURUBA RAJASEKHAR
S/O K MUSTHANNA,
AGED ABOUT 48 YEARS
WORKING AS HEAD CASHIER
AT SBM, RAMANJANEYANAGAR BRANCH,
BANGALORE-560 064 AND
R/AT 22, B BLOCK, GOVT PRESS LAYOUT,
ULLAL MAIN ROAD, BANGALORE-560 056
27 . SRIKANTA CHAUDHARI
S/O LATE NITAI CHANDRA CHAUDHURI,
AGED ABOUT 50 YEARS
7
WORKING AS SWO-B,
AT SBM, HUNASAMARANAHALLI BRANCH
PANCHAYAT BUILDING, BIAL ROAD,
BANGALORE-562 157 AND
R/AT 307, B BLOCK, RAMS LAKE VIEW MEADOWS
4TH MAIN, VINAYAKA NAGAR,
YELAHANKA, BANGALORE NORTH-560 063
28 . ANOJ KUMAR PAUL
S/O PURNMANSI PRASAD PAUL,
AGED ABUOT 46 YEARS
WORKING AS HEAD CASHIER
AT SBM, CHICKPET BRANCH,
CHICKPET, BANGALORE-560 053 AND
R/AT 49, NEXT TO KEMPAIAH BUILDING,
BEHIND GANGAMMA TEMPLE
JALAHALLI POST, BANGALORE-560 013
29 . ARVIND PRASAD SHRIVASTAV
S/O LATE RAMANAND PRASAD SHRIVASTAV
AGED ABOUT 53 YEARS
WORKING AS SWO-A,
AT SBM,GUBBI BRANCH
RLY STN ROAD,GUBBI
TUMKUR-572 216 AND
R/AT NO.304, 1ST BLOCK
RADIANT LAKE VIEW, MUDAHALLI
K R PURAM, BANGALORE-560 043
30 . UTHAMAN P K
S/O P MADHAVAN
AGED ABOUT 46 YEARS
WORKING AS SWO-A,
AT SBM, SIDDAGANGA EXTN
TUMKUR AND R/AT SHILPA KASHI
SIDDESWARA LAYOUT,
NAGASANDRA, BANGALORE-560 073
31 . N CHANDRAN
S/O LATE U KRISHNAN
AGED ABOUT 48 YEARS
WORKING AS HEAD CASHIER
DODDABALLAPUR BRANCH
BANGALORE RURAL -561203 AND
R/AT NO.102, NISH-7 APARTMENT
ASHWATH NAGAR, RMV 2ND STAGE,
BANGALORE-560 094
8
32 . PUSHPENDU GHOSH
S/O SRI PULIN GHOSH
AGED ABOUT 43 YEARS
WORKING AS SWO-A,
AT SBM,MALUR BRANCH,
KOLAR-563 130 AND
R/AT NO.12/12, ANAND NAGAR,
3RD CROSS, BEHIND HINDUSTAN ACADEMY
P.O MARATHAHALLI, BANGALORE-560 037
33 . RAJ KUMAR
S/O SRI SOORAJ PAL
AGED ABOUT 42 YEARS
WORKING AS HEAD CASHIER
AT SBM,CAC, LC ROAD BRANCH
SHIVAJI NAGAR, BANGALORE AND
R/AT #344, 9TH CROSS,
SANJAY NAGAR, MARATHAHALLI,
BANGALORE-560 037
34 . K MANOJ KUMAR
S/O K BHASKARAN,
AGED ABOUT 45 YEARS
WORKING AS SWO-A,
AT SBM,RIPPONPET BRANCH
SAGAR ROAD, HOSANAGAR TALUK,
SHIMOGA DIST-577426 AND
R/AT #196, 6TH CROSS,
VISHVESWARAIAH LAYOUT,
JALAHALLI WEST, BANGALORE-560 015
35 . N SATHYA PRAKASH
S/O H V NAGARAJA IYER,
AGED ABOUT 50 YEARS,
WORKING AS SWO-B,
AT SBM, NR MOHALLA BRANCH
MYSORE AND R/AT 2877/9A,
6TH CROSS, CHAMUNDIPURAM,
MYSORE-570 004
36 . G.VISHWANATH
S/O N S GUNDAPPA,
AGED ABOUT 43 YEARS
WROKING AS SWO-B,
AT SBM,MARKET BRANCH,
MYSORE AND R/AT NO.140,
9
14TH CROSS, 4TH MAIN
VIDARANYAPURAM, MYSORE-570 008
37 . A JAYABALAN
S/O M AARON,
AGED ABOUT 43 YEARS
WORKING AS SWO-B,
AT SBM,NR MOHALLA BRANCH
MYSORE AND R/AT NO.14, 2ND CROSS,
RAGHAVENDRANAGAR EXTN
MYSORE-570 011
38 . NATARAJ PREM KUMAR
S/O T S NATRAJ,
AGED ABOUT 46 YEARS
WORKING AS SWO-B,
AT SBM, MAIN BRANCH, MYSORE-570 602
AND R/AT NO.826, 26TH CROSS,
4TH MAIN, VIDYARANYAPURAM,
MYSORE-570 008
39 . P SRINIVASA
S/O K R PRANESH
AGED ABOUT 45 YEARS
WORKING AS SWO-A,
AT SBM, KRISHNARAJA NAGAR BRANCH
MYSORE RURAL-570 602 AND
R/AT EWS 52, II STAGE,
KUVEMPU NAGAR, MYSORE
40 . BISWABRATA PAL
S/O MADAN MOHAN PAL
AGED ABOUT 46 YEARS
WORKING AS SWO-A,
AT SBM MULBAGAL BRANCH
MULBAGAL, KOLAR DIST-563 131 AND
R/AT343/92, 2ND FLOOR,
GURAPPA REDDY COLONY,
CHURCH STREET, MURUGESHPALYA,
BANGALORE-560 017
...PETITIONERS
(BY SRI.NARAYANA BHAT.M., ADV.)
10
AND:
1. STATE BANK OF MYSORE
REP BY ITS MANAGING DIRECTOR,
HEAD OFFICE, 8TH FLOOR,
STATE BANK OF MYSORE BLDG,
K.G.ROAD, BENGALURU - 560 009.
2. THE GENERAL MANAGER (HR & CA)
STATE BANK OF MYSORE,
HEAD OFFICE, 7TH FLOOR,
STATE BANK OF MYSORE BLDG.,
K.G.ROAD, BENGALURU - 560 009.
3. THE INDIAN BANKS ASSOCIATION
REP. BY ITS PRESIDENT,
WORLD TRADE CENTRE COMPLEX,
CENTRE I, 6TH FLOOR,
CUFFE PARADE, MUMBAI - 400 005.
4. THE UNION OF INDIA
REP. BY ITS SECRETARY,
MINISTRY OF DEFENCE/
EX-SERVICEMAN WELFARE DEPT.,
SENA BHAVAN,
NEW DELHI - 110 001.
...RESPONDENTS
(BY SRI.T.P.MUTHANNA, ADV. FOR R1 TO R3;
SRI.MADANAN PILLAI.R., CGC FOR R4.)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECRDS
PERTAINING TO THE CASE OF THE PETITIONER; QUASH THE
CIRCULAR OF THE INDIAN ASSOCIATION DATED 30.01.2014
VIDE ANNEXURE-H AND THE GUIDELINES VIDE ANNEXURE-H1
AS ILLEGAL AND VIOLATIVE OF ARTICLES 14, 16 AND 21 OF
THE CONSTITUTION OF INDIA AND ALSO THE PROVISIONS OF
THE INDUSTRIAL DISPUTES ACT, 1947; AND ETC.,
THIS PETITION COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP THROUGH VIDEO CONFERENCE THIS DAY, THE
COURT MADE THE FOLLOWING:-
11
ORDER
Learned counsel for the petitioners Sri.M.Narayana Bhat appears through video conference and submits that petitioners seek leave to withdraw the writ petition and each of the petitioners have filed memo in that regard.
2. Submission of the learned counsel as well as the memos for withdrawal are placed on record.
Writ petition is dismissed as withdrawn. All contentions are left open.
SD/-
JUDGE NC.