Employee won in Appellate court employer went to High court

Bank officer went abroad after sanction of leave and has been regularly sending extension of leave no answer and when came back to report for duty, was advised that he was treated to have resigned from the Bank service whereas no resignation - filed case in civil court through Advocate - it took 15 years for the civil court to decide partly in his favor just for Bank's contribution of PF and no other benefits such as restoration of employment with all promotional benefits and pension as he reached superannuation and then in an appeal, the case was decided in his favor in toto stating that there is no such punished prescribed in any statutory rule nor in Bank's own officers service regulation and the same is against the natural justice as the officer was never charge sheeted, no enquiry was ever conducted, not even a single opportunity of being heard was given and even if the officer was delinquent in overstaying his leave he could only be censured, warned or some increments could be stopped but cannot be terminated or treated to have resigned from his 25 years of unblemished and meritorious service of the bank especially when he has not resigned and when Bank has already admitted that the officer has opted for pension, the pension should have been released and he is entitled to all the benefits of service. The appellate court gave an opportunity to the Bank to conduct an enquiry against the officer if it so likes and takes the decision but prescribed under the statutory law or in accordance with the Bank officers service regulation 1979. Since the Bank knew it erred in taking the decision of treating the officer to have resigned from the Bank service, the Bank has filed an appeal against the decision in the High Court. 1. The officer wants to contest in the High Court and (2) file a case in the Supreme Court simultaneously seeking the release of benefits immediately even if partly as it has taken more than 20 years and the case is still hanging in fire when the officer has reached the age 68 to decide his case on priority.