Kamlu Gadaba Vs Central Silk Board — Writ and Judicial Review | Karnataka HC (2026)

Kamlu Gadaba 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; direction that the respondents shall not superannuate him treating it as 58 years; and entitlement to continue in employment as Timescale Farm Workers under respondent No.1 till the age of superannuation at 60, subject to all applicable Rules and Regulations.

Issue for consideration

Whether the petitioner, working as a Timescale/Skilled Farm Worker under respondent No.1 (Central Silk Board), is entitled to continue in service until he completes the age of 60 years, in view of the Tribunal award confirmed by the Division Bench, instead of being superannuated at 58 years. +1 more

Court's answer

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

Ratio / Principle

The award passed by the Tribunal, as confirmed by the Division Bench of this Court, comes to the aid of the petitioner and entitles him to the reliefs granted.

Key takeaways

The respondents shall not superannuate the petitioner treating the age of superannuation as 58 years.ratio¶46
The petitioner is entitled to continue in employment as Timescale Farm Workers under the first respondent till the age of superannuation at 60, subject to all the Rules and Regulations applicable to his employment.ratio¶47

Detailed headnote1 paragraphs

Service law — age of superannuation — Timescale Farm Worker under Central Silk Board — writ petition under Articles 226 and 227 seeking a writ of mandamus to consider the petitioner's representation dated 01.04.2026 and continue him in service till 60 years. Reliance placed on the Division Bench judgment in Central Silk Board vs Employees Union of Central Silk Board & Another (W.P. No.18693/2014), whereby, by order dated 04.09.2024, the Court dismissed the Central Silk Board's petition and confirmed the Central Government Industrial Tribunal-cum-Labour Court award dated 01.04.2013 holding the age of superannuation of Timescale Farm Workers to be 60 years and not 55 years. Respondents contended that although the Board resolved to implement the order, Union of India approval was awaited and hence the award had not attained finality. Held, it is not in dispute that the confirmed award stands and that the petitioner completed 58 years after the Division Bench order; the confirmed award comes to the aid of the petitioner. Accordingly: (i) the petitioner's age of superannuation is declared to be 60 years; (ii) the respondents shall not superannuate him treating it as 58 years; and (iii) he is entitled to continue in employment as Timescale Farm Workers under respondent No.1 till age 60, subject to all applicable Rules and Regulations. Writ petition disposed of. (Anant Ramanath Hegde, J.)

NC: 2026:KHC:23476 WP No. 12352 of 2026

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HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27^TH DAY OF APRIL, 2026

BEFORE

THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 12352 OF 2026 (L-RES)

BETWEEN:

KAMLU GADABA S/O LATE KAMARA GADABA, AGED ABOUT 58 YEARS, SKILLED FARM WORKER, REGIONAL SERICULTURAL RESEARCH STATION CENTRAL SILK BOARD, KORAPUT, ODISHA-764 021.

R/AT C/O MUDALAIAH, NO.121-A, 10TH 'B' CROSS, SHANTHI GARDEN, MUDULAPALYA, BENGALURU- 560 072.

…PETITIONER

(BY SRI. NAIK V S., ADVOCATE)

Digitally signed by BELUR RANGADHAMA NANDINI

Location: HIGH COURT OF KARNATAKA

AND:

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

THE SCIENTIST-B, REGIONAL SERICULTURAL RESEARCH STATION CENTRAL SILK BOARD, LANDIGUDA, KORAPUT, ODISHA-764 021.

…RESPONDENTS

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

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THIS WRIT PETITION IS UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA FILED PRAYING TO CALL FOR THE ENTIRE RECORDS FROM THE RESPONDENTS AND GRANT THE PETITIONER THE FOLLOWING RELIEFS: DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION OF THE PETITIONER DTD. 01.04.2026 PRODUCED AT ANNX-C AND 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 AND ETC.

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

ORAL ORDER

This Writ Petition is filed seeking Writ of Mandamus to direct the respondents to consider the petitioner's representation dated 01.04.2026 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

1 W.P. No.18693/2014

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respondent No.1-Central Silk Board and confirmed the award passed by the Central Government Industrial Tribunal-cumLabour 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.

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 respondent No.1 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

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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.

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:

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NC: 2026:KHC:23476 WP No. 12352 of 2026

HC-KAR

(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.

(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

GVP

List No.: 1 Sl No.: 63