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2025 DAILYLAW 53865 (KAR)

KARNATAKA SILK INDUSTRIES CORPORATION LTD v. Y N KRISHNA MURTHY

RP/307/2025 · 2025-11-21

Anu Sivaraman, Umesh M Adiga

Review Petitionbody2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:48293-DB RP No. 307 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE UMESH M ADIGA REVIEW PETITION NO.307 OF 2025 IN W.A.No.347 OF 2022 (S-RES) BETWEEN: KARNATAKA SILK INDUSTRIES CORPORATION LTD., (A GOVT OF KARNATAKA UNDERTAKING) 3RD AND 4TH FLOORS PUBLIC UTILITY BUILDING, M.G ROAD, BENGALURU-560 001. REPRESENTED BY ITS GENERAL MANAGER (P). …PETITIONER (BY SRI. T.P. MUTHANNA, ADVOCATE) Digitally signed by KORLAHALLI BHARATHIDEVIKRISHNACHARYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48293-DB RP No. 307 of 2025 AND: Y.N. KRISHNA MURTHY S/O SRI. Y.C. NANJUNDAIAH AGED 59 YEARS 6 MONTHS R/AT. NO. 329, 2ND STAGE, 6TH BLOCK, 8TH CROSS, NAGARABHAVI, BENGALURU-560 072. …RESPONDENT (BY SRI. Y.N. KRISHNA MURTHY-PARTY IN PERSON/CAVEATOR/RESPONDENT) THIS REVIEW PETITION IS FILED UNDER SECTION 114 READ WITH ORDER 47 RULE 1 OF CPC READ WITH RULE 39 OF WRIT PROCEEDING RULES, PRAYING TO REVIEW THE ORDER DATED 12.12.2024, PASSED IN W.A.NO.347/2022 (S-RES). THIS PETITION, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE UMESH M ADIGA - 3 - HC-KAR NC: 2025:KHC:48293-DB RP No. 307 of 2025 ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) We have heard the learned counsel for the review petitioner. 2. We notice that the review petitioner has filed this petition with the delay of 191 days. Having heard the learned counsel for the review petitioner, we notice that the only error which is urged in the review is that this Court has directed that the period spent out of service shall be considered as duty for the limited purpose of continuity of service and for pension. 3. It is contended by the learned counsel for the review petitioner that the service of the respondent in the review petitioner's establishment was not pensionable and therefore, the said observation is unwarranted. 4. Having considered the contentions advanced, we notice that, it is clearly mentioned in the order that the period shall be considered as duty for the limited purpose - 4 - HC-KAR NC: 2025:KHC:48293-DB RP No. 307 of 2025 of continuity of service and for pension. If the services are not pensionable, and the pension is only under the EPF Pension Scheme, then there is no consequence to the directions issued. 5. In view of the above direction, the review petition is liable to be dismissed and accordingly, it is dismissed. The delay application - IA.No.1/2025 is also consequently dismissed. All pending applications shall stand disposed of. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (UMESH M ADIGA) JUDGE BK : List No.: 1 Sl No.: 1