- 1 - HC-KAR NC: 2025:KHC:28074 WP No. 9427 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 9427 OF 2025 (L-RES) BETWEEN: RAJESH KUMAR, S/O LATE SHAMBHULAL, AGED ABOUT 58 YEARS, EARLIER WORKING AS SKILLED FARM WORKER (T/S) NOW SUPERANNUATED ILLEGALLY, P 3 BASIC SEED FARM, NATIONAL SILKWORM SEED ORGANISATION, CENTRAL SILK BOARD, MAJRA, DEHRADOON, UTTARAKHAND-248 171 R/O JAKKENAHALLI YEDIGUR POST, GUARIBIDANUR, CHIKKABALLAPUR-572 142. ...PETITIONER (BY SRI. NARAYANA BHAT M.,ADVOCATE) AND: 1. THE CENTRAL SILK BOARD, REP. BY ITS MEMBER SECRETARY, CSB COMPLEX, BTM LAYOUT, MADIWALA, BENGALURU-560 068. 2. THE DIRECTOR, CENTRAL SILK BOARD, NATIONAL SILK WORM SEED ORGANISATION, CENTRAL SILK BOARD, 2ND CROSS,DOLLAR SCHEME, BTM 2ND STAGE, MADIVALA, BENGALURU - 560 068. 3. SCIENTIST D, P 3 BASIC SEED FARM, Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28074 WP No. 9427 of 2025 NATIONAL SILKWORM SEED ORGANISATION, CENTRAL SILK BOARD, MAJRA, DEHRADOON, UTTARAKHAND-248 171. ...RESPONDENTS (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 THE RECORDS PERTAINING TO THE CASE OF THE PETITIONER AND GRANT HIM THE FOLLOWING RELIEFS. QUASH THE CLAUSE A-11 OF MEMORANDUM BEARING NO. CSB/NSSO/ZSSO/ESTAB SFW(TS)/2015-16/2397 DATED 30.03.2016 ISSUED BY THE 3TH RESPONDENT PRODUCED AS ANNEXURE-A IN SO FAR AS AGE OF RETIREMENT IS ON ATTAINING AGE OF 58 YEARS AS THE SAME ARE OPPOSED TO THE AWARD DATED 01.04.2013 IN C.R NO. 151/2007 PASSED BY THE CGIT MARKED AT ANNEXURE-B AND ALSO SEC. 18 (3) (d) OF THE INDUSTRIAL DISPUTES ACT, 1947 AND ARTICLE 14 AND 21 OF THE CONSTITUTION. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL ORDER This petition is directed against the memorandum issued by 2nd respondent. In terms of the said memorandum it is informed that the petitioner will be - 3 - HC-KAR NC: 2025:KHC:28074 WP No. 9427 of 2025 relieved from service on completing 58 years which according to the respondent is the age of superannuation. 2. Writ of mandamus is also sought to direct the respondents to continue the petitioner in service till the petitioner completes the age of 60 years which according to the petitioner is the age of superannuation. 3. The third prayer is to direct the respondents to pay salary for the period from 58 years to 60 years. It is relevant to note that the petitioner is yet to complete 60 years. 4. The petitioner had filed the petition in the light of the judgment rendered by the Division Bench of this Court in W.P. No.18693/2014 wherein, in terms of the order dated 04.09.2024, this Court has dismissed the petition filed by first respondent Central Silk Board and confirmed the award passed by the Central Government Industrial Tribunal cum Labour Court. - 4 - HC-KAR NC: 2025:KHC:28074 WP No. 9427 of 2025 5. In terms of the award dated 01.04.2013, the Tribunal has held that age of superannuation of the employees of the respondent establishment would be 60 years and not 55 years as contended by the respondent. 6. Learned counsel for the petitioner would submit that the order passed by the Division Bench of this Court confirming the award passed by the Tribunal is not questioned by the respondents and it has attained finality. 7. Thus, the learned counsel would submit that the petitioner cannot be superannuated at the age of 58, and the petitioner is entitled to work as the employee of respondent No.1 till the petitioner completes 60 years. 8. Learned counsel for respondents would submit that though the Board of the respondent has passed a resolution to implement the order, with effect from the date of the order passed in the writ petition, the Board is yet to receive the approval from the Union of India for the decision taken by the Board. It is further submitted that - 5 - HC-KAR NC: 2025:KHC:28074 WP No. 9427 of 2025 since respondents are awaiting the decision of Union of India, from the perspective of the respondents, the award passed by the Central Government Industrial Tribunal has not yet attained finality. 9. This Court has considered the contentions raised at the bar and perused the records. 10. It is not in dispute that the award passed by the Tribunal enhancing the age of retirement to 60 years from 58 years is confirmed by the Division Bench in W.P. No.18693/2014. It is further not in dispute that the petitioner is the employee of respondent No.1. The petitioner has completed 58 years after the order passed by the Division Bench of this Court confirming the award passed by the Tribunal. 11. This being the position, the award passed by the Tribunal which is confirmed by the Division Bench of this Court comes to the aid of the petitioner and the petitioner is entitled to the following relief:- - 6 - HC-KAR NC: 2025:KHC:28074 WP No. 9427 of 2025 (i) It is declared that the petitioner's age of superannuation is 60 years. (ii) The respondents shall not superannuate the petitioner treating the age of retirement as 58. (iii) The petitioner is entitled to continue in employment as Timescale Farm Workers under first respondent till the age of superannuation at 60 subject to all Rules and Regulations applicable to the employment of the petitioner. (iv) The prayer for grant of service benefits for the period from 58 to 60 years cannot be granted at this stage as the petitioner is yet to complete 60 years of service. (v) The payment of service benefits period from 58 to 60 years shall be subject to the terms and conditions applicable to the employment under respondent No.1. - 7 - HC-KAR NC: 2025:KHC:28074 WP No. 9427 of 2025 The writ petition is accordingly disposed of with the above observations and findings. Sd/- (ANANT RAMANATH HEGDE) JUDGE CHS List No.: 1 Sl No.: 99.16