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Ramesh v. Central Silk Board

Karnataka HC23 Sept 2025WP/28128/2025

Case brief

AI extract

What is this about?

Superannuation age 60 vs 55; Central Silk Board; Skilled Farm Worker (FMS); Time Scale Farm Worker; Casual Labourer; CGIT Bengaluru award dated 01.04.2013; Writ Petition No.18693/2014 (L-RES) dismissed by Division Bench; Writ Petition No.20742/2022 Coordinate Bench; res integra; writ of mandamus; representation dated 11.09.2025 Annexure-C; continuation under interim order without break; Trade Union dispute and failed conciliation; Justice Pradeep Singh Yerur; NC: 2025:KHC:38314; WP No. 28128 of 2025 (L-RES); decided 23.09.2025.

What did the court decide?

Petitioner entitled to continue in employment under the respondent Board till the age of superannuation of 60 years, subject to all applicable Rules and Regulations; petitioner not to be superannuated before attaining 60 years. ¶55

Ramesh Vs Central Silk Board — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, a Skilled Farm Worker in the Central Silk Board, is entitled to a direction to consider his representation dated 11.09.2025 and to continue in service till he attains the age of 60 years, in view of the CGIT award enhancing the retirement age from 55 to 60 years as confirmed by the Division Bench.

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Court's answer

The issue involved in this writ petition is no more res integra.

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Ratio / Principle

The question in the present petition being squarely covered by the judgments of the Division Bench and Coordinate Bench of this Court, the petition deserves to be allowed in the same terms by following those judgments.

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Key takeaways

The petitioner shall not be superannuated till he attains the age of 60 years.ratio¶52
The petitioner is entitled to continue in employment under the respondent Board till he attains the age of superannuation of 60 years, subject to all the Rules and Regulations applicable to his employment.ratio¶57

Detailed headnote1 paragraphs

Writ Petition (L-RES) under Articles 226 and 227 - Skilled Farm Worker (FMS), Central Sericultural Research and Training Institute / Central Silk Board - superannuation age - CGIT-cum-Labour Court, Bengaluru, by award dated 01.04.2013 enhanced the age of retirement from 55 to 60 years; the Board's challenge in Writ Petition No.18693/2014 (L-RES) was dismissed by the Division Bench and that judgment has attained finality, being unchallenged; the Coordinate Bench in Writ Petition No.20742/2022 declared the age of superannuation as 60 years. Holding the issue no more res integra and squarely covered by the Division Bench and Coordinate Bench judgments, the Court allowed the petition: the petitioner shall not be superannuated till he attains 60 years and is entitled to continue in employment under the Board till the age of superannuation of 60 years, subject to all applicable Rules and Regulations.

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NC: 2025:KHC:38314 WP No. 28128 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23^RD DAY OF SEPTEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 28128 OF 2025 (L-RES)

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BETWEEN:

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RAMESH, AGED 58 YEARS, S/O. KAVATE GOWDA, WORKING AS SFW (FMS) SECTION, CENTRAL SERICULTURAL RESEARCH AND TRAINING INSTITUTE, CENTRAL SILK BOARD, R/AT #433/C, CHAMUNDESHWARI RASATHE, MAHADEVAPURA, MYURU DISTRICT - 570 008.

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…PETITIONER

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(BY SRI NAIK V.S., ADVOCATE)

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AND:

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Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA

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CENTRAL SILK BOARD, BTM LAYOUT, MADIWALA, BANGALORE - 560 068. REP. BY ITS MEMBER SECRETARY.

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THE DIRECTOR, CENTRAL SERICULRTURAL RESEARCH AND TRAINING INSTITUTE, CENTRAL SILK BOARD, MANANDAWADI ROAD, SRIRAMAPURA, MYSURU - 570 008.

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…RESPONDENTS

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(BY SRI N.S.NARASIMHA SWAMY, ADVOCATE)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENT NOS.1 TO 2 TO CONSIDER THE REPRESENTATION OF THE PETITIONER DATED 11.09.2025

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NC: 2025:KHC:38314 WP No. 28128 of 2025

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HC-KAR

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PRODUCED AT ANNEXURE-C AND CONTINUE THE SERVICES OF THE PETITIONER AS SKILLED FARM WORKER (FMS) SECTION TILL HE ATTAINS THE AGE OF 60 YEARS TO MEET THE ENDS OF JUSTICE.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

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ORAL ORDER

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This petition is filed by the petitioner seeking a writ of mandamus for a direction to respondent Nos.1 and 2 to consider his representation dated 11.09.2025 vide Annexure-C and to continue his services as Skilled Farm Worker till he attains the age of 60 years.

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The petitioner in this petition was initially appointed as Casual Labourer in the respondent - Central Silk Board ( 'Board' for short) and thereafter, he was extended with time scale and designated as Time Scale Farm Worker and is presently working as Skilled Farm Worker in the office of the third respondent. It is contended by learned counsel for petitioner that the Management of the 1^st respondent - Board enhanced the

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3 - NC: 2025:KHC:38314 WP No. 28128 of 2025

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HC-KAR

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age of superannuation to 60 years in respect of the staff working in the Board, but the said benefit was not extended to the petitioner. Accordingly, a dispute was raised by the Trade Union. The Management did not accede to the demand of the workmen and conciliation ended in failure and the report was forwarded to the Government of India, which referred the dispute to Central Government Industrial Tribunal-cum-Labour Court (CGIT), Bengaluru.

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It is further contended that upon consideration of the dispute, CGIT passed the award on 01.04.2013 allowing the reference and thereby the age of retirement was enhanced from 55 years to 60 years. The respondent No.1 - Board herein filed a writ petition challenging the award passed by the CGIT in Writ Petition No.18693/2014 (L-RES). The Division Bench of this Court after considering the rival contentions of both the parties, dismissed the writ petition filed by Respondent No.1 - Board.

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NC: 2025:KHC:38314 WP No. 28128 of 2025

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HC-KAR

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It is further contention of learned counsel that the

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judgment passed by the Division Bench confirming the award passed by the Tribunal has attained finality for the reason that the same has not been questioned by Respondent No.1 - Board.

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Under the circumstances, learned counsel for petitioner contends that the petitioner cannot be superannuated until they complete the age of 60 years and he should be permitted to work in the respondent - Board till he attains the age of 60 years.

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On a question posed by this Court to the learned counsel for respondents as to whether the challenge is made to the judgment of the Division Bench of this Court, he submits that till date, no such challenge is made. He also does not dispute the judgment passed by the Division

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Bench of this Court stated supra having attained finality.

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I have heard learned counsel for petitioner and learned counsel for respondents.

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NC: 2025:KHC:38314 WP No. 28128 of 2025

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HC-KAR

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It is not in dispute that in the similar situation,

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the Tribunal has passed the award enhancing the retirement age of Time Scale Farm Workers of the respondent - establishment to 60 years. It is also not in dispute that respondent-Board challenged the award passed by the Tribunal in Writ Petition No.18693/2014 and the Division Bench of this Court has dealt with the matter in detail and confirmed the award passed by the Tribunal and dismissed the writ petition by relying upon several judgments of the Hon'ble Supreme Court. The judgment passed by the Division Bench of this Court is not questioned by the respondents and it has attained finality.

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Based on the above Division Bench judgment, in an identical matter, the Coordinate Bench of this Court in Writ Petition No.20742/2022 has declared that the age of superannuation would be 60 years.

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This being the position, the issue involved in this writ petition is no more res integra . The question involved

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6 - NC: 2025:KHC:38314 WP No. 28128 of 2025

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HC-KAR

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in the present petition being squarely covered by the judgments of the Division Bench and Coordinate Bench of this Court stated supra , by following the said judgments this petition deserves to be allowed in the same terms.

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