- 1 - HC-KAR NC: 2025:KHC:28074 WP No. 18282 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. 18282 OF 2025 (L-RES) BETWEEN: SRI. ABDUL HAMID WANI, AGED 58 YEARS, S/O LATE GHULAM MOHAMMAD WANI, EX. SFW (TS) BASIC SEED FARM, P4, BASIC SEED FARM, CENTRAL SILK BOARD, MANASBAL, JAMMU R/aT C/O MUDALAIAH, NO. 121-A, 10TH B CROSS, SHANTHI GARDEN, MUDULAPALYA BENGALURU - 560072. …PETITIONER (BY SRI. NAIK V S.,ADVOCATE) AND: 1. CENTRAL SILK BOARD, BTM LAYOUT, MADIWALA, BANGALORE - 560068, REP. BY ITS MEMBER SECRETARY. 2. THE DIRECTOR, CENTRAL SERICULTURAL RESEARCH AND TRAINING INSTITUTE, PAMPORE, CENTRAL SILK BOARD, GALANDER, PAMPORE - 192 121, JAMMU AND KASHMIR. 3. THE SCIENTIST-D AND INCHARGE, CENTRAL SILK BOARD, P4, BASIC SEED FARM, MANASBAL Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28074 WP No. 18282 of 2025 PAMPORE - 192121, JAMMU AND KASHMIR. …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(A) ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION, QUASHING THE MEMORANDUM BEARING REFERENCE NO. CSB/CSRN AND NTI/PF-97/AHW/TSL/1996-97/3845 DATED 28.12.2024 ISSUED BY THE 2ND RESPONDENT, THE ORIGINAL OF WHICH IS PRODUCED AND MARKED AS ANNEXURE-B TO THIS WRIT PETITION (B) ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION DIRECTING THE RESPONDENTS TO CONTINUE THE SERVICES OF THE PETITIONER AS SKILLED FARM WORKER (TS) TILL HE ATTAINS THE AGE OF 60 YEARS TO MEET THE ENDS OF JUSTICE. 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 filed seeking writ of mandamus to direct the respondents to consider the petitioner's representation to continue the petitioner in service under the respondents till the petitioner completes the age of 60 years, which according to the petitioner is the age of superannuation. 2. The petitioner had filed the petition in the light of the judgment rendered by the Division Bench of this Court in - 3 - HC-KAR NC: 2025:KHC:28074 WP No. 18282 of 2025 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. 3. In terms of the award dated 01.04.2013, the Tribunal has held that age of superannuation of the Timescale Farm Workers of the respondent establishment would be 60 years and not 55 years as contended by the respondent. 4. 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. 5. 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 the respondent No.1 till the petitioner completes 60 years. 6. Learned counsel for respondents would submit that though the Board of first respondent has passed a resolution to - 4 - HC-KAR NC: 2025:KHC:28074 WP No. 18282 of 2025 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 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. 7. This Court has considered the contentions raised at the bar and perused the records. 8. It is not in dispute that the award passed by the Tribunal enhancing the age of retirement to 60 years from 55 years is confirmed by the Division Bench in W.P. No.18693/2014. It is further not in dispute that the petitioner is working as Timescale Farm Workers with the 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. 9. This being the position, the award passed by the Tribunal which is confirmed by the Division Bench of this Court - 5 - HC-KAR NC: 2025:KHC:28074 WP No. 18282 of 2025 comes to the aid of the petitioner and the petitioner is entitled to the following relief:- (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 superannuation as 58. (iii) Thus, 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 the Rules and Regulations applicable to the employment of the petitioner. 10. The writ petition is accordingly disposed of with the above observations and findings. Sd/- (ANANT RAMANATH HEGDE) JUDGE CHS List No.: 1 Sl No.: 0