- 1 - HC-KAR NC: 2025:KHC:28074 WP No. 12791 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. 12791 OF 2025 (L-RES) BETWEEN: SRI KUDA RAM AGED 58 YEARS, S/O. LATE SANT RAM, EX. SFW(TS), REGIONAL SERICULTURAL RESEARCH STATION, (CSR TI), CENTRAL SILK BOARD, MIRANSAHIB, JAMMU, R/AT C/O MUDALAIAH, NO.121-A, 10TH 'B' CROSS, SHANTHI GARDEN, MUDULAPALYA, BENGALURU- 560 072. ...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, N.S.S.O. - CENTRAL SILK BOARD, BTM LAYOUT, MADIWALA, BANGALORE - 560 068. 3. THE DIRECTOR, REGIONAL SERICULTURAL RESEARCH AND TRAINING INSTITUTE, PAMPORE, CENTRAL SILK BOARD, GALANDER, PAMPORE-192 121 Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28074 WP No. 12791 of 2025 ...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) QUASH THE MEMORANDUM BEARING REFERENCE NO. CSB/CSR AND TI/ PF-153/KUDA RAM-ES-2021/4774 DATED 17/03/2025 ISSUED BY THE R3, THE ORIGINAL OF WHICH IS PRODUCED AND MARKED AS ANNX-B TO THIS WP.B) DIRECT THE RESPONDENTS TO CONTINUE THE SERVICES OF THE PETITIONER AS SKILLED FARM WORKER (TS) TILL HE ATTAINS THE AGE OF 60 YEARS TO. 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 W.P. No.18693/2014 wherein, in terms of the order dated 04.09.2024, this Court has dismissed the petition filed by - 3 - HC-KAR NC: 2025:KHC:28074 WP No. 12791 of 2025 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 - 4 - HC-KAR NC: 2025:KHC:28074 WP No. 12791 of 2025 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 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. - 5 - HC-KAR NC: 2025:KHC:28074 WP No. 12791 of 2025 9. 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:- (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