Durga Das Vs the Central Silk Board — Writ and Judicial Review | Karnataka HC (2025)

Durga Das Vs the Central Silk Board — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Writ Petition disposed of in terms of the coordinate-bench order in W.P.No.18131/2025 (dt. 22.09.2025); Writ of Certiorari ordered and Memorandum dated 29.04.2025 (Annexure-F) quashed; respondents directed to take back the petitioner to duties; petitioner to continue in employment under the Central Silk Board till superannuation at 60 years subject to applicable Rules and Regulations; the intervening period from relieving till resumption treated as 'on duty' for all purposes.

Issue for consideration

Whether the Memorandum dated 29.04.2025 (Annexure-F) issued by the second respondent, pursuant to which the petitioner was relieved/superannuated, is opposed to the Award dated 01.04.2013 in C.R.No.151/2007 passed by the CGIT, Section 18(3)(d) of the Industrial Disputes Act, 1947, and Articles 14 and 21 of the Constitution, and is liable to be quashed by a writ of Certiorari. +1 more

Court's answer

A Writ of Certiorari is ordered and the Memorandum dated 29.04.2025 vide Annexure-F is quashed.

Ratio / Principle

With consent of both counsel, the Writ Petition is disposed of in terms of the order passed by the coordinate bench of this Court in W.P.No.18131/2025 disposed of on 22.09.2025, the joint submission being that the issue involved is squarely covered by that order.

Key takeaways

The respondents are directed to take back the petitioner to his duties, and he 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¶¶44
The period from the date the petitioner was relieved from duties till he is taken back to duties shall be considered as 'on duty' for all purposes.ratio¶¶44

Detailed headnote1 paragraphs

Labour/service — Central Silk Board — premature superannuation — Writ of Certiorari. Petitioner, a skilled farm worker under the Central Silk Board, was relieved by Memorandum No.CSB/BTSSO/ESTT. PF (DD-SFW-TSS)/129 dated 29.04.2025 (Annexure-F) issued by respondent No.2, contrary to the CGIT Award dated 01.04.2013 in C.R.No.151/2007 (Annexure-A) and Section 18(3)(d) of the Industrial Disputes Act, 1947. Counsel for both sides jointly submitted that the issue was squarely covered by the coordinate-bench order in W.P.No.18131/2025 (dt. 22.09.2025), and the petition (Jyoti Mulimani, J.) was disposed of in those terms: Memorandum quashed; reinstatement directed with continuation of service till superannuation at 60 years subject to the applicable Rules and Regulations; the period between relieving and reinstatement to count as 'on duty' for all purposes. (HC-Kar, 28.10.2025.)

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NC: 2025:KHC:42929 WP No. 31035 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28^TH DAY OF OCTOBER, 2025

BEFORE

THE HON'BLE MS. JUSTICE JYOTI MULIMANI

WRIT PETITION NO. 31035 OF 2025 (L-RES)

BETWEEN:

DURGA DAS S/O JENA DAS, AGED ABOUT 58 YEARS, EARLIER WORKING AS SKILLED FARM WORKER (T/S) NOW SUPERANNUATED ILLEGALLY, CTR AND TI, BASIC SEED MULTIPLICATION AND TRAINING INSTITUTE, CENTRAL SILK BOARD, KHASSAWAN SINGHBHUM, JHARKHAND - 833 216 AND R/AT NO. KHARSAWAN, SERAIKELA KHARSAWAN, JHARKHAND - 833 216.

…PETITIONER

Digitally signed by THEJAS KUMAR N Location: HIGH COURT OF KARNATAKA

(BY SRI. NARAYANA BHAT MOVVAR., ADVOCATE)

AND:

THE CENTRAL SILK BOARD REP BY ITS MEMBER SECRETARY, CSB COMPLEX, BTM LAYOUT, MADIWALA, BENGALURU - 560 068.

THE DIRECTOR CENTRAL SILK BOARD, MOT, GOVT. OF INDIA,

1^ST FLOOR, PENDARI BHARNI POST,

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NC: 2025:KHC:42929 WP No. 31035 of 2025

HC-KAR

GANIYARI, BILASPUR, CHATTISGARH - 495 112.

…RESPONDENTS

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

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.

THIS WRIT PETITION IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER:

ORAL ORDER

Sri.Narayana Bhat Movvar., counsel for the petitioner has appeared in person.

Sri.Narasimha Swamy.N.S., counsel for the respondents have appeared in person.

Though the petition is listed today for orders, with the consent of counsel for the respective parties, it is heard.

The captioned Writ Petition is filed seeking following

reliefs:

(a) Issue a Writ of Certiorari or any other

appropriate writ or order or direction quashing the Memorandum bearing No.CSB/ BTSSO/ ESTT. PF (DD-SFW-TSS)/ 129 dated 29.04.2025 issued by the second respondent produced as Annexure-F

3 - NC: 2025:KHC:42929 WP No. 31035 of 2025

HC-KAR

as the same are opposed to the Award dated 01.04.2013 in C.R.No.151/2007 passed by the CGIT marked at Annexure-A and also Section 18(3)(d) of the Industrial Disputes Act, 1947 and Article 14 and 21 of the Constitution.

(b) Issue a Writ of Mandamus or any other appropriate writ or order or direction directing the Respondents to pay the full salary to the petitioner from 02.05.2025 to 01.05.2027 and also all consequential benefits consequent upon quashing the above, to meet the ends of justice.

Counsel for the respective parties jointly submits that the issue involved in the present Writ Petition is squarely covered by the order passed by the coordinate bench of this Court in W.P.No.18131/2025 disposed of on 22.09.2025. Counsel, therefore, submits that the captioned Writ Petition may be disposed of in terms of the order passed in W.P.No.18131/2025 disposed of on 22.09.2025.

The oral submission made by counsel for the respective parties is placed on record.

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NC: 2025:KHC:42929 WP No. 31035 of 2025

HC-KAR

4. The captioned Writ Petition is disposed of in terms

of the order passed by the coordinate bench of this Court in W.P.No.18131/2025 disposed of on 22.09.2025.

A Writ of Certiorari is ordered. The Memorandum dated 29.04.2025 vide Annexure-F is quashed. The respondents are directed to take back the petitioner to the duties. The petitioner is entitled to continue in employment under respondent - Board till he attains the age of superannuation of 60 years subject to all the Rules and Regulations applicable to the employment of the petitioner. The period from the date of relieving the petitioner from duties till he is taken back to duties shall be considered as 'on duty' for all the purposes.

Sd/(JYOTI MULIMANI) JUDGE

TKN List No.: 1 Sl No.: 27