Sri Nirmal Das Vs Central Silk Board — Writ and Judicial Review | Karnataka HC (2026)

Sri Nirmal Das Vs Central Silk Board — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Declaration that the petitioner's age of superannuation is 60 years; restraint on the respondents superannuating him at 58 years; and entitlement to continue in employment as Timescale Farm Worker under the first respondent until age 60, subject to all applicable Rules and Regulations.

Issue for consideration

Whether the petitioner, a Timescale Farm Worker under respondent No.1 whose establishment's retirement age stands fixed at 60 years by the Tribunal award confirmed by the Division Bench, is entitled to continue in service until he completes 60 years instead of being superannuated at 58 years.

Court's answer

The Tribunal award enhancing the retirement age to 60 years, having been confirmed by the Division Bench of this Court, comes to the aid of the petitioner.

Ratio / Principle

It is declared that the petitioner's age of superannuation is 60 years.

Key takeaways

The respondents shall not superannuate the petitioner treating his age of superannuation as 58 years.ratio¶49
The petitioner is entitled to continue in employment as a Timescale Farm Worker under the first respondent until the age of superannuation at 60, subject to all applicable Rules and Regulations governing his employment.ratio¶52

Detailed headnote1 paragraphs

Service law - age of superannuation - writ petition by a Timescale Farm Worker of the Central Silk Board facing retirement at 58 years - petitioner relied on the award dated 01.04.2013 of the Central Government Industrial Tribunal cum Labour Court fixing the retirement age of Timescale Farm Workers at 60 years (not 55), which award was confirmed by the Division Bench of the Karnataka High Court by order dated 04.09.2024 in W.P. No.18693/2014 (Central Silk Board vs Employees Union of Central Silk Board & Another) - respondents argued their Board's implementation resolution was pending approval of the Union of India - Court held the confirmed award comes to the petitioner's aid; declared his age of superannuation to be 60 years, restrained the respondents from superannuating him at 58, and held him entitled to continue in employment under the first respondent till 60, subject to applicable Rules and Regulations - writ petition disposed of (Anant Ramanath Hegde, J.).

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NC: 2026:KHC:22048 WP No. 10865 of 2026

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 22^ND DAY OF APRIL, 2026

BEFORE

THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

WRIT PETITION NO. 10865 OF 2026 (L-RES)

BETWEEN:

Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA

SRI NIRMAL DAS S/O GYAN DAS, AGED ABOUT 58 YEARS, RETIRED SFW (TS), CENTRAL SILK BOARD, BASIC SEED MULTIPLICATION AND TRAINING CENTRE, KERA JHARIYA, KORBA, CHHATTISGARH-495 449, R/AT C/O MUDALAIAH, NO.121-A, 10TH 'B' CROSS, SHANTHI GARDEN, MUDULAPALYA, BENGALURU- 560 072. …PETITIONER

(BY SRI. NAIK V S., ADVOCATE)

AND:

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

THE ASSISTANT DIRECTOR (A AND A), BASIC TASAR SILKWORM SEED ORGANISATION, CENTRAL SILK BOARD, 1^ST FLOOR, PENDARI, BHARNI PO,

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NC: 2026:KHC:22048 WP No. 10865 of 2026

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VIA. GANIYARI, BILASPUR, CHATTISGARH-495 112.

…RESPONDENTS

(BY SRI. N.S. NARASIMHA SWAMY, 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 ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION, QUASHING THE MEMORANDUM BEARING No.BHUSTAREKIBISAM/BILAS/STHA/2025-26/3434 DATED 03.03.2026 ISSUED BY THE 2^ND RESPONDENT, THE ORIGINAL OF WHICH IS PRODUCED AND MARKED AS ANNEXURE-B TO THIS WRIT PETITION. AND 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 FARM WORKER (TS) TILL HE ATTAINS THE AGE OF 60 YEARS TO MEET THE ENDS OF JUSTICE.

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

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ORAL ORDER

This petition is filed seeking writ of mandamus to direct the respondents to consider the petitioner's oral representation 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.

The petitioner has 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.

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.

1 W.P. No.18693/2014

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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.

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.

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 Central Government Industrial Tribunal has not yet attained finality.

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This Court has considered the contentions raised at

the bar and perused the records.

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 petitioner has completed 58 years after the order passed by the Division Bench of this Court confirming the award passed by the Tribunal.

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 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.

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(iii) Thus, the petitioner is 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 petitioner.

The Writ Petition is accordingly disposed of with

the above observations and findings.

Sd/(ANANT RAMANATH HEGDE) JUDGE

SKS

List No.: 2 Sl No.: 37