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2026 DAILYLAW 9462 (KAR)

ANIL YADAV v. THE CENTRAL SILK BOARD

WP/5006/2026 · 2026-02-26

Anant Ramanath Hegde

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:11967 WP No. 5006 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO.5006 OF 2026 (L-RES) BETWEEN: 1. ANIL YADAV S/O MAHADEV YADAV, AGED ABOUT 57 YEARS, WORKING AS SKILLED FARM WORKER, CENTRAL TASAR RESEARCH AND TRAINING INSTITUTE PISKA NAGRI VILLAGE AND POST, RANCHI DISTRICT, JHARKHAND-835 303 AND R/AT PATRACHOLI VILLAGE AND POST, RANCHI DISTRICT, JHARKHAND-835 303. 2. JALAL ANSARI S/O ROJAN ANSARI, AGED ABOUT 57 YEARS, WORKING AS SKILLED FARM WORKER, CENTRAL TASAR RESEARCH AND TRAINING INSTITUTE, PISKA NAGRI VILLAGE AND POST, RANCHI DISTRICT, JHARKHAND-835 303 AND R/AT NEAR MASJID VILL BANDHEYA, HALHU, PISKA NAGRI, RANCHI, JHARKHAND-835 303. …PETITIONERS Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:11967 WP No. 5006 of 2026 (BY SRI. M. NARAYANA BHAT, ADVOCATE) AND: 1. THE CENTRAL SILK BOARD REP. BY ITS MEMBER SECRETARY, CSB COMPLEX, BTM LAYOUT, MADIWALA, BENGALURU-560 068. 2. THE DIRECTOR CENTRAL TASAR RESEARCH AND TRAINING INSTITUTE, CENTRAL SILK BOARD, PISKA NAGRI, RANCHI, JHARKHAND-835 303. …RESPONDENTS (BY SRI. N.S. NARASIMHA SWAMY, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CLAUSE A 11 OF THE MEMORANDUM BEARING NO.KE TA AA VA PRA SAM/STHA./NI.SAM./AA.YA/KAAMGAR/1542 DATED 12.05.2016 ISSUED BY THE 2ND RESPONDENT PRODUCED AT ANNEXURE-A W.R.T. 1ST PETITIONER IN SO FAR AS AGE OF RETIREMENT IS ON ATTAINING AGE OF 58 YEARS AS THE SAME IS 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 ARTICLES 14 AND 21 OF THE CONSTITUTION, ETC. - 3 - HC-KAR NC: 2026:KHC:11967 WP No. 5006 of 2026 THIS PETITION, COMING ON FOR ORDERS, 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 petitioners representation dated 29.01.2026 to continue in service under the respondents till the petitioners completes the age of 60 years, which according to the petitioners 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 respondent Central Silk Board and confirmed the award passed by the Central Government Industrial Tribunal cum Labour Court. 1 W.P. No.18693/2014 - 4 - HC-KAR NC: 2026:KHC:11967 WP No. 5006 of 2026 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 petitioners 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 petitioners cannot be superannuated at the age of 58, and the petitioners are entitled to continue as employees of respondent No.1 till the petitioners complete 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 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 - 5 - HC-KAR NC: 2026:KHC:11967 WP No. 5006 of 2026 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 the case of Central Silk Board supra. It is further not in dispute that the petitioner is working as Timescale Farm Workers with respondent No.1. The petitioners have 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 comes to the aid of the petitioners and the petitioners are entitled to the following relief:- (i) It is declared that the petitioners age of superannuation is 60 years. - 6 - HC-KAR NC: 2026:KHC:11967 WP No. 5006 of 2026 (ii) The respondents shall not superannuate the petitioners treating the age of superannuation as 58 years. (iii) Thus, the petitioners are 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 petitioners. 10. The Writ Petition is accordingly disposed of with the above observations and findings. Sd/- (ANANT RAMANATH HEGDE) JUDGE VMB List No.: 1 Sl No.: 8