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

B Gori 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 (22.09.2025); Writ of Certiorari ordered and Official Memorandum dated 10.03.2025/11.03.2025 (Annexure-F) quashed; respondents directed to take back the petitioner to duties; petitioner entitled to continue in employment under the Board till superannuation at 60 years subject to applicable Rules and Regulations, with the intervening period treated as 'on duty' for all purposes.

Issue for consideration

Whether the Official Memorandum bearing No.Sam.Ke Re Bo/ Bu Ta Re Ki Bi Sam/Bilas/ Farm Shramik/(B Gori - Ku Pha Shra)/2024-25/2770 dated 10.03.2025/11.03.2025 issued by the second respondent (Annexure-F) should be quashed by writ of certiorari as opposed to the award dated 01.04.2013 in C.R.No.151/2007 passed by the CGIT (Annexure-A), Sec.18(3)(d) of the Industrial Disputes Act, 1947, and Articles 14 and 21 of the Constitution. +1 more

Court's answer

A Writ of Certiorari is ordered and the Official Memorandum dated 10.03.2025/11.03.2025 vide Annexure-F is quashed.

Ratio / Principle

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, the issue being jointly submitted as squarely covered thereby.

Key takeaways

The respondents are directed to take back the petitioner to her duties.ratio¶46
The petitioner is entitled to continue in employment under the respondent Board till she attains the age of superannuation of 60 years, subject to all the Rules and Regulations applicable to her employment.ratio¶46
The period from the date of relieving the petitioner from duties till she is taken back to duties shall be considered as 'on duty' for all purposes.ratio

Detailed headnote1 paragraphs

Writ Petition (L-RES), High Court of Karnataka at Bengaluru, decided 20.11.2025 by Ms. Justice Jyoti M (single judge). B.Gori, w/o Saklal, aged about 58 years, earlier working as Skilled Farm Worker (T/S) with the Central Silk Board, who described herself as illegally superannuated, filed the petition under Article 226 of the Constitution seeking certiorari against the Official Memorandum No.Sam.Ke Re Bo/ Bu Ta Re Ki Bi Sam/Bilas/ Farm Shramik/(B Gori - Ku Pha Shra)/2024-25/2770 dated 10.03.2025/11.03.2025 issued by respondent No.2 (Assistant Director (Pra Va Le), Basic Tasar Silkworm Seed Organisation, Central Silk Board) at Annexure-F, as opposed to the award dated 01.04.2013 in C.R.No.151/2007 passed by the CGIT (Annexure-A), Sec.18(3)(d) of the Industrial Disputes Act, 1947 and Articles 14 and 21 of the Constitution, and mandamus for reinstatement till 60 years of age with consequential benefits. Counsel for both sides jointly submitted that the issue was squarely covered by the coordinate bench order in W.P.No.18131/2025 disposed of on 22.09.2025, and the petition was disposed of in terms of that order. A Writ of Certiorari was ordered: the Official Memorandum at Annexure-F stands quashed; the respondents are directed to take the petitioner back to duties; she is entitled to continue in employment under the respondent Board till the age of superannuation of 60 years subject to the applicable Rules and Regulations; and the period from relieving till resumption of duties is to be counted as 'on duty' for all purposes. Exemplary costs were sought but no costs or monetary amount was awarded.

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NC: 2025:KHC:47904 WP No. 34473 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20^TH DAY OF NOVEMBER, 2025

BEFORE

THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 34473 OF 2025 (L-RES)

BETWEEN:

B.GORI, W/O. SAKLAL, AGED ABOUT 58 YEARS, EARLIER WORKING AS SKILLED FARM WORKER (T/S) ILLEGALLY SUPERANNUATED, BSM AND TC CENTRAL SILK BOARD, CHENNUR, MANCHERIAL DISTRICT, TELANGANA - 504 201. AND R/AT LAMBADIPALLY, KISTAMPETA VILLAGE, CHENNUR, MANCHERIAL DISTRICT, TELANGANA - 504 204.

Digitally signed by THEJAS KUMAR N

Location: HIGH COURT OF KARNATAKA

(BY SRI. K.B.NARAYANASWAMY ADVOCATE FOR SRI. NARAYANA BHAT MOVVAR, ADVOCATE)

AND:

THE CENTRAL SILK BOARD, REPRESENTED BY ITS MEMBER SECRETARY, CSB COMPLEX, BTM LAYOUT, MADIWALA, BENGALURU - 560068.

…PETITIONER

THE ASSISTANT DIRECTOR (PRA VA LE) BASIC TASAR SILKWORM SEED ORGANISATION, CENTRAL SILK BOARD, MOT, GOVERNMENT OF INDIA,

1^ST FLOOR, PENDARI, BHARNI POST,

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NC: 2025:KHC:47904 WP No. 34473 of 2025

HC-KAR

GANIYARI BILASPUR, CHATTISGARH - 495112.

…RESPONDENTS

(BY SRI. N.S.NARASIMHASWAMY, ADVOCATE)

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

THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER:

ORAL ORDER

Sri.K.B.Narayana Swamy., counsel on behalf of Sri.Narayana Bhat Movvar., for the petitioner and Sri.Narasimha Swamy.N.S., counsel for the respondents have appeared in person.

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 Official Memorandum bearing No.Sam.Ke Re Bo/ Bu Ta Re Ki Bi Sam/Bilas/ Farm Shramik/(B Gori - Ku Pha Shra)/2024-25/2770 dated: 10.03.2025/ 11.03.2025 issued by the second respondent produced at Annexure-F as the same are opposed to the award dated 01.04.2013 in C.R.No.151/2007 passed by the CGIT marked at

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NC: 2025:KHC:47904 WP No. 34473 of 2025

HC-KAR

Annexure-A and also Sec.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 reinstate the petitioner forthwith and continue her in services till 60 years of age and also all consequential benefits consequent upon quashing the above, to meet the ends of justice,

(c) Grant the petitioner exemplary costs of this proceedings; and

(d) Pass such other order or orders as this Hon'ble Court deems fit in the circumstances of the case.

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:47904 WP No. 34473 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 Official

Memorandum dated 10.03.2025/11.03.2025 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 she 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 she is taken back to duties shall be considered as 'on duty' for all the purposes.

Sd/(JYOTI M) JUDGE

KMV List No.: 2 Sl No.: 8