THE CENTRAL SILK BOARD EMPLOYEES UNION R v. THE CENTRAL SILK BOARD
WP/30479/2024 · 2025-01-08
Anant Ramanath Hegde
body2025
DailyLaw.ai
[ 2025 DAILYLAW 34875 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 34875 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:639 WP No. 30479 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 30479 OF 2024 (L-RES) BETWEEN:
1. THE CENTRAL SILK BOARD EMPLOYEES UNION ® A REGISTERED TRADE UNION REGISTERED UNDER THE PROVISIONA OF INDIAN TRADE UNIONS ACT, 1923 HAVING ITS OFFICE AT NO.150 SARJAPURA MAIN ROAD, NEAR RELIANCE TOWER, KODATHI, BENGALURU SOUTH TALUK, BENGALURU - 560 035, REP. BY ITS SECRETARY. 2. S SHEKAR, AGED ABOUT 59 YEARS, S/O SWAMY, CSR AND T, MYSURU. 3. M.Y RAMESHA, AGED ABOUT 58 YEARS, S/O R YATHIRAJAIAH, CSR AND TI, MYSURU. 4. T C CHIDANANDAPPA, AGED ABOUT 59 YEARS, S/O THOMMANNA, REC, CSB CHITRADURGA. 5. N T VENKATESHA AGED ABOUT 59 YEARS, S/O THIMMEGOWDA, CSR AND TI, MYSURU. Digitally signed by C HONNUR SAB Location:
HIGH COURT OF KARNATAKA
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NC: 2025:KHC:639 WP No. 30479 of 2024
6. P.S BABU, AGED ABOUT 58 YEARS, S/O P.N SRINIVASAIAH, SILKWORM SEED PRODUCTION CENTRE, CHINTAMANI. 7. K SURESH BABU, AGED ABOUT 59 YEARS, S/O K JAYARAMANAIDU, SILKWORM, SEED PRODUCTION CENTRE, CHINTAMANI. 8. SREEKANTACHARI, AGED ABOUT 59 YEARS,. S/O KALACHARI, BASIC SEED FARM, GAVIMATA, K.R PET. 9. RUKAMANGADA RAJA, AGED ABOUT 58 YEARS, S/O LATE NINGEGOWDA, CSR AND TI, MYSURU. 10. M NAGARAJU AGED ABOUT 58 YEARS, S/O LATE CHIKKAIAH, CSR AND TI, MYSURU. 11. K KALAIAH, AGED ABOUT 58 YEARS, S/O LATE KALAIAH, CSR AND TI, MYSURU. 12. C JAYANNA AGED ABOUT 59 YEARS, S/O CHIKKAVIRAIAH SSPC, RAMANAGARA. 13. THAMMANNA AGED ABOUT 59 YEARS, S/O CHENNEGOWDA,
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NC: 2025:KHC:639 WP No. 30479 of 2024 SILK WORM SEED PRODUCTION CENTRE, MYSURU. 14. C. H . VENKATESH SHETTY AGED ABOUT 58 YEARS, S/O HANUMANTHA SHETTY SILKWORM SEED PRODUCTION CENTRE, K R NAGAR. 15. B J MAHADEVA, AGED ABOUT 58 YEARS, S/O JAVAREGOWDA, CSR AND RI, MYSURU. 16. ERANNA SHETTY, AGED ABOUT 58 YEARS, S/O HONNALAGA SHETTY, CSR AND RI, MYSURU. 17. K SHIVALINGAIAH, AGED ABOUT 58 YEARS, S/O KARIYAPPA, SILKWORM SEED PRODUCTION CENTRE, K R NAGAR. 18. K BHADRAIAH, AGED ABOUT 58 YEARS, S/O KARIYAPPA, SILKWORM SEED PRODUCTION CENTRE, RAMANAGARAM. 19. SHIVANNA N L, AGED ABOUT 58 YEARS, S/O LAKKAIAH, CSR AND TI, MYSURU. 20. Y.N NARASIMHA MURTHY, AGED ABOUT 59 YEARS, S/O NANJAPPA, SILKWORM SEED PRODUCTION CENTRE, HINDUPUR.
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NC: 2025:KHC:639 WP No. 30479 of 2024
21. D ANJINYELU, AGED ABOUT 58 YEARS, S/O D RAMUDU, BASIC SEED FARM, PARIGI. 22. SANNASWAMY, AGED ABOUT 59 YEARS, S/O KALAIAH, BASIC SEED FARM, GAVIMATA, K R PET. 23. H N RAMAKRISHNA, S/O LINGEGOWDA, AGED ABOUT 59 YEARS, CSR AND TI, MYSURU. 24. BASAVARJU AGED ABOUT 58 YEARS, S/O G MANCHAIAH SILKDOWN SEED TECHNOLOGY, LABORATORY, KODATHI,
25. RUDRAPPA M N, AGED ABOUT 59 YEARS, S/O NANJUNDAPPA, SSPC, CHINTAMANI. 26. SIDDA, AGED ABOUT 59 YEARS, S/O BYATA NAIKA, CSR AND TI, MYSURU. 27. M.S SUNDARAPPA, AGED ABOUT 58 YEARS, S/O P M SHIVASWAMY, RSRS, CSB,CHAMARAJANAGAR. - 5 -
NC: 2025:KHC:639 WP No. 30479 of 2024
28. SHIVANNA, AGED ABOUT 58 YEARS, S/O SIDDAMADAIAH RSRS, CSB, CHAMARAJANAGAR. 29. K KRISHNE GOWDA, AGED ABOUT 58 YEARS, S/O KEMPEGOWDA, RSRS, CSB, CHAMARAJANAGAR. 30. WILSON BABU, AGED ABOUT 58 YEARS, S/O DEVAIAH, SILKWORM SEED TECHNOLOGY, LABORATORY, KODATHI. 31. R PADMANABHA RAJU, AGED ABOUT 58 YEARS, S/O SATHYANARAYANA RAJU, BASIC SEED FARM, PARIGI. 32. C M JAYARAMU, AGED ABOUT 59 YEARS, S.O MANCHEGOWDA, SSPC, RAMANGARAM,
33. K MALLAIAH, AGED ABOUT 59 YEARS, S/O ESWARAPPA, SSPC, HINDUPURA, PETITIONER NOS.2 TO 33 ARE ALL DISCHARGED FROM SERVICE ON ATTAINING THE AGE OF 58 YEARS AND ALL THESE PETITIONERS CAN ALSO SERVED THROUGH SRI. BASAVARAJU, NO.150, SARJAPURA MAIN ROAD, NEAR RELIANCE TOWER, KODATHI, BENGALURU SOUTH, BENGLAURU 560 035. …PETITIONERS (BY SRI NAIK V S, ADVOCATE)
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NC: 2025:KHC:639 WP No. 30479 of 2024 AND:
THE CENTRAL SILK BOARD, (AUTONOMOUS BODY CONSTITUTED UNDER CENTRAL SILK BOARD ACT), C.S.B COMPLEX, B.T.M LAYOUT, MADIWALA , BENGALURU - 560 068, REP. BY ITS MEMBER SECRETARY.
…RESPONDENT (BY SRI NARASIMHA SWAMY N S, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR ENTIRE RECORDS FROM THE RESPONDENT BOARD PERTAINING TO THE ORDERS OF DISCHARGE PASSED BY THE RESPONDENT BOARD AGAINST THE PETITIONER NOS.2 TO 33 AND GRANT THE THEM THE FOLLOWING RELIEFS. DIRECTING THE RESPONDENT BOARD TO CONTINUE THE PETITIONER NOS. 2 TO 33 IN EMPLOYMENT OF THE CENTRAL SILK BOARD TILL THEY ATTAIN THE AGE OF 60 YEARS BY DULY CONSIDERING THE REPRESENTATIONS SUBMITTED BY THE PETITIONER TRUE COPIES OF WHICH ARE PRODUCED MARKED AS ANNEXURES - C, G1, H1, J1, K1, L1, M1, N1, P1, Q1, R1, S1, T1, V1, W1, X1, Y1, Z1, AA1, AB1, AC1, AD1, AE1, AF1, AG1 AH1, AI1, AJ1, AK1 AL1, AM1, AN1, AO1 RESPECTIVELY WITH ALL CONSEQUENTIAL BENEFIT. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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NC: 2025:KHC:639 WP No. 30479 of 2024
CORAM: HON'BLE MR JUSTICE ANANT RAMANATH HEGDE ORAL ORDER Heard the learned counsel appearing for the petitioners as well as the learned counsel appearing for the respondent.
2. The petitioners No.2 to 33 are admittedly the Time Scale Farm Workers of the respondent-Board. Petitioner No.1 is the Union of the employees of the respondent. Time Scale Farm Workers sought enhancement of retirement age from 55 to 60 years. The claim was referred to the Central Government Industrial Tribunal-cum- Labour Court (for short ‘CGIT’).
3. The CGIT in terms of the award dated 01.04.2013, enhanced the age of retirement from 55 to 60 years. This order is marked at Annexure-A.
4. The validity of the said order is called in question by filing Writ Petition before this Court. The Division Bench of this Court in W.P.No.18693/2014 in terms of the order dated 04.09.2024 dismissed the Writ Petition confirming the order
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NC: 2025:KHC:639 WP No. 30479 of 2024 of CGIT. The resultant position is petitioners No.2 to 33 will attain age of superannuation at the age of 60 years.
5. Hence, the petitioners have submitted representations to the respondent. The representations have been submitted since September-2024. It is the grievance of the petitioners that the representations have not been considered yet.
6.
Learned counsel for the respondent would submit that the respondent is contemplating the filing of Special Leave Petition challenging the
order passed in W.P.No.18693/2014. It is also his further submission that to consider the representations, some statistical data is required and it requires some time to consider the representations.
7. This Court is of the view that as of now, the order dismissing the W.P.No.18693/2014 is not yet questioned and
order at Annexure-A enhancing the age of retirement from 55 to 60 is not yet considered. Thus, the representations
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NC: 2025:KHC:639 WP No. 30479 of 2024 submitted by the petitioners have to be considered and in the manner known to law.
8. Hence the following:
ORDER (a) The Writ Petition is allowed. (b) Writ of mandamus is issued to the respondent to consider the representations within 3 months from the date of the receipt of certified copy of this order, and decision taken in this behalf is to be communicated to the petitioners. Sd/- (ANANT RAMANATH HEGDE) JUDGE GVP List No.: 1 Sl No.: 56