- 1 - HC-KAR NC: 2025:KHC:33108-DB WA No. 1162 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C M JOSHI WRIT APPEAL NO. 1162 OF 2024 (L-RES) BETWEEN: 1. CENTRAL WAREHOUSING CORPORATION EMPLOYEES UNION (BR) REPRESENTED BY ITS GENERAL SECRETARY NO LF 10, 3RD FLOOR 4TH CROSS,NANDINI LAYOUT BEGNALURU 560096 2. MASHKOOR MOHIYUDDIN S/O M I KHURAISHI AGED ABOUT 62 YEARS RETD ASSITANT MANGER (GENERAL) CENTRAL WAREHOUSING CORPORATION REGIONAL OFFICE NO LF 10,4TH CROSS NANIDIN LAYOUT BENGALURU 560096 R/AT NO 25, HOUSE NO 4 MANJUANTHA LAYOUT III PHASE, KOTHUR ROAD VIJIANAPURA,DOORVANI NAGAR BENGALURU 560016 3. K RAMACHANDRAIAH S/O KARIYAPA AGED ABOUT 66 YEARS Digitally signed by AMBIKA H B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:33108-DB WA No. 1162 of 2024 RETED SECTION GRADE RONEO OPERATOR CETNRAL WAREHOUSING CORPORATION REGIONAL OFFICE NO LF 10, 4TH CROSS NADNINI LAYOUT BENGLAURU 560096 R/AT ALF 6/12, 2ND FLOOR BDA FLATS NANDINI LAYOUT BENGALURU 560096 4. B RAGHAVENDRA RAO S/O BHEEMA BHATTA AGED ABOUT 68 YEARS RETD JUNIOR SUPERINTENDENT CENTRAL WAREHOUSING CORPORATION REGIONAL OFFICE NO LF 10, 4TH CROSS NANDINI LAYOUT BENGLAURU 560096 R/AT FLAT 002 JPC PEARL 17TH MAIN AGS LAYOUT, AREHALLI BENGALURU 560061 5. R SHASHIKALA W/O R RANGASWAMY AGED ABOUT 59 YEARS SUPERIENTENDENT CETNRAL WAREHOUSING CORPORATION REGIONAL OFFICE NO LF 10, 4TH CROSS NADNINI LAYOUT BWENGLAURU 560096 6. P N SANDYAVALI W/O R NAGARAJAN AGED ABOUT 63 YEARS RETD SUPERINTENDNET CETNRAL WAREHOUSING CORPORATION REGIONAL OFFICE NO LF 10, 4TH CROSS - 3 - HC-KAR NC: 2025:KHC:33108-DB WA No. 1162 of 2024 NADNINI LAYOUT BWENGLAURU 560096 RA/T C/O R SHASHIKALA NO 51, 18TH CROSS KRIHANADAND NAGAR MALAGALA, BENGALURU 560061 7. JAYANTHI W/O SHAHSIDHARA SHARMA AGED ABOUT 65 YEARS RETD JUNIOR SUPERINTENDENT CENTRAL WAREHOUSING CORPORATION REGIONAL OFFICE NO LF 10, 4TH CROSS NANDINI LAYOUT, BENGLAURU 560096 R/AT NO 15, SRI KRISHNA KRUPA 1ST FLOOR, CT BED ROAD VIDYAPEETA CIRCLE GANGAMMA LAYOUT BENGALURU 560050. 8. G LALITHAMMA W/O K KRISHNA PRASAD AGED ABOUT 62 YEARS RETD SUPERINTENDENT CETNRAL WAREHOUSING CORPORATION REGIONAL OFFICE NO LF 10, 4TH CROSS NADNINI LAYOUT BENGLAURU 560096 R/AT MR27,SFHS AREA NANDINI LAYOUT BENGALURU 560096. 9. DR ROSE MARY EMILIA W/O C ANTHONY DASSA GED 68 YEARS, RETD JUNIOR SUPERINTENDENT CENTRAL WAREHOUSING CORPORATION REGIONAL OFFICE, NO LF 10, 4TH CROSS NANDINI LAYOUT BENGALURU 560096 - 4 - HC-KAR NC: 2025:KHC:33108-DB WA No. 1162 of 2024 R/AT NO 15 ROSE COTTAGE, 5TH B MAIN SIR M.V. NAGAR RAMAMURTHY NAGAR BENGALURU 560016 10. S SHRIDHAR IYER S/O R SREENIVASAN AGED ABOUT 60 YEARS RETD STORAGE AND INSPECTION OFFICE CENTRAL WAREHOUSING CORPORATION REGIONAL OFFICE NO LF 10, 4TH CROSS NANDINI LAYOUT BENGALURU-560096 RA/T MF 4/12, B BLOCK, NANDINI LAYOUT BENGALURU 560096 11. NAGARAJU, S/O SHAMA RAO AGED ABOUT 61 YERARS RETED CHOWKIKDAR GRADE I CETNRAL WAREHOUSING CORPORATION APMC YARD, YESHWANTHPUR BENGALURU 560022 R/AT 517, SAMRUDHI NILAYA 6TH CROSS, CHIKKABDIRAKALLU BENGALURU 560073 12. SUNDARAMMA W/O H D RAJANNA AGED ABOUT 62 YEARS RETD SAFAIWALI CETNRAL WAREHOUSING CORPORATION WHITEFIELD BENGALURU 560066 R/AT NO 28, 1ST FLOOR 1ST MAIN, 3RD CROSS LG RAMANNA EXTENSION LAGGERE, BETGNALURU 560058 - 5 - HC-KAR NC: 2025:KHC:33108-DB WA No. 1162 of 2024 13. N. NARASIMHA MURTHY, SINCE DECEASED REPRESENTED BY HIS WIFE SUMITHRA.V., AGED ABOUT 60 YEARS, RETIRED JUNIOR SUPERINTENDENT, CENTRAL WAREHOUSING CORPORATION, APMC YARD, YESHWANTHAPUR, BENGALURU- 560 022 R/AT NO.53, 3RD MAIN, 4TH CROSS, SOMESHWARA NAGAR, YELAHANKA NEW TOWN, BENGALURU-560 065. 14. N JAYALAKSHMI W/O N NAGALINGIAH AGED ABOUT 53 YERARS RETD SAFAIWALI CETNRAL WAREHOUSING CORPORATION NO LF 10, 4TH CROSS NANDINIL LAYOUT BENGALURU 560096 R/AT NO J46, 3RD CROSS 1ST MAIN, GAYATHIRNAGAR RAJAJINAGAR BENGALURU 560021. 15. V GANESH PRASAD S/O V N RAJA RAO AGED ABOUT 62 YEARS RETD WAREHOUSE ASSISTANT GRADE I CENTRAL WAREHOUSING CORPORATION NO LF 10, 4TH CROSS NANDINI LAYOUT, BENGALURU 560096 R/AT NO 214, PLOT NO 10 BAIROJI RAO LAYOUT SRINAGAR, BENGALURU 560062 16. K L RADHAKRISHNA S/O K.R. LAKSHMANAIAH AGED ABOUT 70 YEARS RETIRED SUPERINTENDENT CENTRAL WAREHOUSING CORPORATION - 6 - HC-KAR NC: 2025:KHC:33108-DB WA No. 1162 of 2024 BANGALORE (BANGALORE II) BENGALURU 560073 R/AT NO 102, ESHWAR LAYOUT J P NAGARA, 7TH BLOCK BENGALURU 560062 17. S UMA, W/O R KANAKABAPATHY AGED ABOUT 66 YERARS RETD JUNIOR SUPERINENDNT CETNRAL WAREHOUSING CORPORATION NO LF 10, 4TH CROSS NANDINIL LAYOUT BENGALURU 560096 R/AT NO K 301 VAISHNAVI RATHNAM NO 1 SM ROAD, JALAHALLI BENGALURU 560057 18. ESWARAN NAMBOODHRI P T S/O KRISHNAN NAMBOODHIRI AGED ABOUT 62 YEARS RETED JUNIOR SUPERINTENDENT CENTRAL WAREHOSUING CORPORATION APMC YARD, YESHWANTHPUR BWENGALURU R/AT NO 51/11 11THC ROSS, 4TH MAIN GURUMURTHY REDDY COLONY YESHWANTHPUR BENGALURU 560022. 19. M MANJUANTHA S/O MUNISWMASPPAA GED ABOUT 61 YEARS RETD JUNIOR SUPERINTENDENT CENTRAL WAREHSOUNFG CORPORATION K R PURA, BENGALURU 560016R A/T NO 12, GARDEN STREET NEAR MANIPAL POLY CLINIC RAMAMURTHY NAGAR BENGALURU 560016. - 7 - HC-KAR NC: 2025:KHC:33108-DB WA No. 1162 of 2024 20. H SANNAPPA SETTY S/O H M NANJAPPASETTY AGED ABOUT 70YERARS RETD WAREHOUSE ASSISTNT GRADE I CENTRAL WAREHOUSING CORPORATION R V LAYOUT, BENGALURU 560022 R/AT NO 585, RAJESHWARI RESIDENCY 37TH MAIN, IDEAL HOMES RAJARAJESHWARI NAGAR BENGALURU 560098 21. H N PRAKASH S/O H K NANJAPPA AGED ABOUT 65YEARS RETD JUNIOR SUPERINTENDENT CENTRAL WAREHOUSING CORPORATION REGIONAL OFFICE NO LF 10, 4TH CROSS NANDINI LAYOUT BENGALURU 560096 R/AT NO 141 PUSHPAGIRINAGAR HOSAKEREHALLI KEREKODI, BSK 3RD STAGE BENGALURU 560085 22. P H GANESH RAO S/O P HEMOJI RAO AGED ABOUT 69YEARS RETD WAREHOUSE ASSISTNT GRADE I CENTRAL WAREHOUSIG CORPRIAITON DAVANAGERE 577003 R/AT POOJITHA NILAYA 3RD MAIN,14TH CROSS VINOBA ANGAR DAVANAGERE 577006 23. B KRISHNA MURTHY S/O HANUMANTHAPPA AGED ABOUT 67 YERARS RETD CHOWKIDAR GRADE I - 8 - HC-KAR NC: 2025:KHC:33108-DB WA No. 1162 of 2024 CENTRAL WAREHOSUNG CORPORATION DAVANAGERE 577003 R/AT 802/71, SREE BHAVANA 2ND CROSS, BHUMIKA NAGAR DAVANGERE 577006 24. K YOGESH RAI S/O K MALLIPPA RAI AGED ABOUT 69 YEARS RETD JUNIOR SUPERINTENDENT CENTRAL WAREHOUSING CORPORATION DAVANAGERE 577003 R/AT KIRAN RAJ NIVAS KODIKAL, KALPANAE ASHOK NAGAR POST MANGALURU 577004 25. A R SHINDHE, S/O RAMACHANDRA RAO AGED ABOUT 68 YEARS RETD WAREHOSING ASSITNAT GRADE I CENTRAL WAREHOSUGNG CORPORARTION DAVANAGERE 577003 R/AT 1777/43, VINAYAKA BADAVANE SARASWATHI NAGAR 3RD STAGE DAVANAGERE 577004 …APPELLANTS (BY SRI MURALIDHAR K.B., ADVOCATE) AND: CENTRAL WAREHOUSING CORPORATION BY ITS MANAGING DIRECTOR MANAGING DIRECTOR WAREHOUSING BHAVAN NO 4/1, SIRI INSTITUTIONAL AREA HAUZ KHAS NEW DELHI 110016 …RESPONDENT - 9 - HC-KAR NC: 2025:KHC:33108-DB WA No. 1162 of 2024 THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO ALLOW THIS WRIT APPEAL AND SET ASIDE THE ORDER PASSED BY THE LEARNED SINGLE JUDGE DATED 28/06/2024 PASSED IN W.P. NO.60148/2014 (L-RES) AND CONSEQUENTLY ALLOW THE WRIT PETITION FILED BY THE APPELLANTS & ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C M JOSHI ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The appellant has filed the present appeal impugning an order dated 28.06.2024 passed by the learned Single Judge in Writ Petition No.60148 of 2014 whereby the said petition was dismissed. 2. The appellants (writ petitioners) had filed the aforementioned petition impugning a Circular dated 04.06.2010 issued by the respondent. Additionally, the appellants had also prayed that the Memorandum of Understanding dated 10.09.2009, which pertained to the revision of fringe benefit of - 10 - HC-KAR NC: 2025:KHC:33108-DB WA No. 1162 of 2024 the appellants for the period 01.09.2009 till 31.12.2011, be declared as void ab initio. 3. Petitioners have also sought for grant of fringe benefits at the rate of 40% of their basic pay for the period 26.11.2008 to 31.12.2011, as has been granted to Group A and B officers. 4. The appellants are employees of the respondent falling in the category of C and D employees. In terms of the instructions issued by the Central Government, the respondent entered into negotiations with Group C and D employees for revision of their pay, with effect from 01.01.1997 till 2006. The remuneration payable to the said employees included fringe benefits, which were payable to the appellants on absolute rupee terms and not ad valorem of their basic salary. 5. The appellants state that the Department of Public Enterprises issued an Office Memorandum dated 09.11.2006 directing all Central Public Sector Enterprises to initiate negotiations with Employee Associations or Associations of group C and D employees for revision of pay scales with effect from 01.01.2007. - 11 - HC-KAR NC: 2025:KHC:33108-DB WA No. 1162 of 2024 5. In terms of the said Office Memorandum, the respondent entered into negotiations with the Association of the group C and D employees. The negotiations fructified in an agreement which was recorded in the Memorandum of Understanding dated 10.09.2009, whereby the pay scales were revised. The appellants were also granted fringe benefits in absolute rupee terms. It is the appellants case that at the material time they were not aware of the revision of pay scales of group A and B officers. Their pay scales were also revised, but they were granted fringe benefits on ad valorem basis to the extent of 40% to their basic pay. The appellants are essentially aggrieved by the different methods of granting fringe benefits. 6. It is contended on behalf of the appellants that the different basis, i.e. the 40% ad valorem of basic pay for group A and B employees and in rupee terms to group C and D employees is discriminatory and falls foul of Article 14 of the Constitution of India. 7. It is also contended the fact that the perquisites to group A and B officers would be granted at the rate of 40% of their - 12 - HC-KAR NC: 2025:KHC:33108-DB WA No. 1162 of 2024 basic pay was not disclosed to the Association of C and D employees. Therefore, they had negotiated for revision of pay scales being unaware of the basis on which fringe benefits were granted to group A and B employees. The appellants claim that this is a fraud played upon their Association and therefore the Memorandum of Understanding dated 10.09.2009 entered into with the Association is liable to be declared as void. 8. We find no merit in the aforesaid contentions. It is well settled that Article 14 of the Constitution of India admits reasonable classification. For the purposes of duties, emoluments, grades and rank, employees have been categorized in separate categories. The emoluments paid to group A and B officers are not required to be equivalent to the emoluments paid to group C and D employees. Therefore, we are unable to accept that granting fringe benefits to group C and D employees on rupee terms and granting perquisites to group A and B officers as 40% of their basic pay constitutes conflicts with the equal protection clause under the Constitution of India. - 13 - HC-KAR NC: 2025:KHC:33108-DB WA No. 1162 of 2024 9. The learned Single Judge had accordingly dismissed the writ petition with the observation that the grievance raised by the appellants cannot be agitated in writ proceedings. Whilst the appellants may be unsatisfied with the value of perquisites negotiated by their Association, the same does not lead to any actionable claim. The appellants have no legal right to insist that their perquisites be determined on ad valorem basis or that the fixation of perquisites on any other basis violates Article 14 of the Constitution of India. 10. The appeal is accordingly dismissed. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE SS List No.: 1 Sl No.: 70