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2026 DAILYLAW 45462 (KAR)

SMT CHIKKATAYAMMA v. CENTRAL SILK BOARD

WP/117/2026 · 2026-01-27

Anant Ramanath Hegde

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:4426 WP No. 117 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 117 OF 2026 (L-RES) BETWEEN: SMT CHIKKATAYAMMA, W/O S. RAMKUMAR, AGED ABOUT 57 YEARS, CENTRAL SILK RESEARCH, TRAINING INSTITUTE, SRIRAMPURA, MYSURU, R/AT NO.570-B, CHAMUNDESHWARI TEMPLE ROAD, MAHADEVAPURA, MYSURU-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 SILK RESEARCH AND TRAINING INSTITUTE, SRIRAMPURA, MYSURU-570 008. …RESPONDENTS (BY SRI NARASIMHASWAMY N S, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS FROM THE RESPONDENTS AND GRANT THE PETITIONER THE FOLLOWING RELIEFS(A) 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 Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4426 WP No. 117 of 2026 FARM WORKER (TS) TILL SHE ATTAINS THE AGE OF 60 YEARS AND TO EXTEND ALL THE CONSEQUENTIAL BENEFITS TO MEET THE ENDS OF JUSTICE BY DULY CONSIDERING THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 07.11.2025 THE TRUE COPY OF WHICH IS PRODUCE IS MARKED AS ANNEXURE-B AND IN PURSUANCE OF THE JUDGMENT OF THIS HON'BLE THIS COURT IN WRIT PETITION NO.18693 DATED 04.09.2024 THE TRUE COPY OF WHICH IS PRODUCED AND MARKED AS ANNEXURE-A. 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 dated 08.01.2026 to continue 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 Central Silk Board vs Employees Union of Central Silk Board & Another1 wherein, in terms of the order dated 04.09.2024, this Court has dismissed the petition filed by first 1 W.P. No.18693/2014 - 3 - HC-KAR NC: 2026:KHC:4426 WP No. 117 of 2026 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 continue as the employee of 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 implement the order, with effect from the date of the order passed in Central Silk Board supra, the Board is yet to - 4 - HC-KAR NC: 2026:KHC:4426 WP No. 117 of 2026 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 of this Court in the case of Central Silk Board supra. It is further not in dispute that the petitioner is working as Timescale Farm Worker with 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: 2026:KHC:4426 WP No. 117 of 2026 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 years. (iii) Thus, the petitioner is entitled to continue in employment as Timescale Farm Worker 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 BRN List No.: 1 Sl No.: 73