- 1 - HC-KAR NC: 2025:KHC:38314 WP No. 28128 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 28128 OF 2025 (L-RES) BETWEEN: 1. RAMESH, AGED 58 YEARS, S/O. KAVATE GOWDA, WORKING AS SFW (FMS) SECTION, CENTRAL SERICULTURAL RESEARCH AND TRAINING INSTITUTE, CENTRAL SILK BOARD, R/AT #433/C, CHAMUNDESHWARI RASATHE, MAHADEVAPURA, MYURU DISTRICT - 570 008. …PETITIONER (BY SRI NAIK V.S., ADVOCATE) AND: 1. CENTRAL SILK BOARD, BTM LAYOUT, MADIWALA, BANGALORE - 560 068. REP. BY ITS MEMBER SECRETARY. 2. THE DIRECTOR, CENTRAL SERICULRTURAL RESEARCH AND TRAINING INSTITUTE, CENTRAL SILK BOARD, MANANDAWADI ROAD, SRIRAMAPURA, MYSURU - 570 008. …RESPONDENTS (BY SRI N.S.NARASIMHA SWAMY, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENT NOS.1 TO 2 TO CONSIDER THE REPRESENTATION OF THE PETITIONER DATED 11.09.2025 Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38314 WP No. 28128 of 2025 PRODUCED AT ANNEXURE-C AND CONTINUE THE SERVICES OF THE PETITIONER AS SKILLED FARM WORKER (FMS) SECTION TILL HE ATTAINS THE AGE OF 60 YEARS TO MEET THE ENDS OF JUSTICE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL ORDER This petition is filed by the petitioner seeking a writ of mandamus for a direction to respondent Nos.1 and 2 to consider his representation dated 11.09.2025 vide Annexure-C and to continue his services as Skilled Farm Worker till he attains the age of 60 years. 2. The petitioner in this petition was initially appointed as Casual Labourer in the respondent - Central Silk Board ('Board' for short) and thereafter, he was extended with time scale and designated as Time Scale Farm Worker and is presently working as Skilled Farm Worker in the office of the third respondent. It is contended by learned counsel for petitioner that the Management of the 1st respondent - Board enhanced the - 3 - HC-KAR NC: 2025:KHC:38314 WP No. 28128 of 2025 age of superannuation to 60 years in respect of the staff working in the Board, but the said benefit was not extended to the petitioner. Accordingly, a dispute was raised by the Trade Union. The Management did not accede to the demand of the workmen and conciliation ended in failure and the report was forwarded to the Government of India, which referred the dispute to Central Government Industrial Tribunal-cum-Labour Court (CGIT), Bengaluru. 3. It is further contended that upon consideration of the dispute, CGIT passed the award on 01.04.2013 allowing the reference and thereby the age of retirement was enhanced from 55 years to 60 years. The respondent No.1 - Board herein filed a writ petition challenging the award passed by the CGIT in Writ Petition No.18693/2014 (L-RES). The Division Bench of this Court after considering the rival contentions of both the parties, dismissed the writ petition filed by Respondent No.1 - Board. - 4 - HC-KAR NC: 2025:KHC:38314 WP No. 28128 of 2025 4. It is further contention of learned counsel that the judgment passed by the Division Bench confirming the award passed by the Tribunal has attained finality for the reason that the same has not been questioned by Respondent No.1 - Board. 5. Under the circumstances, learned counsel for petitioner contends that the petitioner cannot be superannuated until they complete the age of 60 years and he should be permitted to work in the respondent - Board till he attains the age of 60 years. 6. On a question posed by this Court to the learned counsel for respondents as to whether the challenge is made to the judgment of the Division Bench of this Court, he submits that till date, no such challenge is made. He also does not dispute the judgment passed by the Division Bench of this Court stated supra having attained finality. 7. I have heard learned counsel for petitioner and learned counsel for respondents. - 5 - HC-KAR NC: 2025:KHC:38314 WP No. 28128 of 2025 8. It is not in dispute that in the similar situation, the Tribunal has passed the award enhancing the retirement age of Time Scale Farm Workers of the respondent - establishment to 60 years. It is also not in dispute that respondent-Board challenged the award passed by the Tribunal in Writ Petition No.18693/2014 and the Division Bench of this Court has dealt with the matter in detail and confirmed the award passed by the Tribunal and dismissed the writ petition by relying upon several judgments of the Hon'ble Supreme Court. The judgment passed by the Division Bench of this Court is not questioned by the respondents and it has attained finality. 9. Based on the above Division Bench judgment, in an identical matter, the Coordinate Bench of this Court in Writ Petition No.20742/2022 has declared that the age of superannuation would be 60 years. 10. This being the position, the issue involved in this writ petition is no more res integra. The question involved - 6 - HC-KAR NC: 2025:KHC:38314 WP No. 28128 of 2025 in the present petition being squarely covered by the judgments of the Division Bench and Coordinate Bench of this Court stated supra, by following the said judgments this petition deserves to be allowed in the same terms. 11. During the course of arguments, learned counsel for petitioner submits that petitioner was continued in service as per the interim order without any break in service. 12. In view of the discussion made hereinabove, it is made clear that petitioner shall not be superannuated till he attains the age of 60 years. 13. Accordingly, I pass the following: O R D E R i) The petition is allowed. ii) The petitioner is entitled to continue in employment under respondent - Board till he attains the age of superannuation of 60 years subject to all the Rules and Regulations - 7 - HC-KAR NC: 2025:KHC:38314 WP No. 28128 of 2025 applicable to the employment of the petitioner. Ordered accordingly. Sd/- (PRADEEP SINGH YERUR) JUDGE CPN List No.: 1 Sl No.: 37