Shiv Singh Kandari Vs the Central Silk Board — Writ and Judicial Review | Karnataka HC (2026)

Shiv Singh Kandari Vs the 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 at 58; 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's age of superannuation is 60 years (as per the confirmed CGIT award) rather than 58 years under Clause A-11 of the memorandum dated 30.03.2016, entitling him to continue in service under the respondents until he completes 60 years.

Court's answer

The award passed by the Tribunal, 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 the age of superannuation as 58 years.ratio¶46
The petitioner is entitled to continue in employment as Timescale Farm Worker under the first respondent till the age of superannuation at 60, subject to all applicable Rules and Regulations.ratio¶47

Detailed headnote1 paragraphs

Service law - age of superannuation - writ petition under Article 226 by a Timescale Farm Worker of the Central Silk Board - Clause A-11 of memorandum dated 30.03.2016 (Annexure-A) issued by Respondent No.3 fixed retirement at 58 years - CGIT award dated 01.04.2013 in C.R.No.151/2007 held the age of superannuation of Timescale Farm Workers to be 60 years and not 55 years - award confirmed by the Division Bench of the Karnataka High Court in Central Silk Board v. Employees Union of Central Silk Board & Another, W.P. No.18693/2014 (order dated 04.09.2024), dismissing the Board's petition; counsel stated the order was unchallenged and had attained finality, while respondents contended the Board's implementation resolution awaited approval of the Union of India - petitioner completed 58 years after the Division Bench order - HELD: petitioner's age of superannuation declared to be 60 years; respondents shall not superannuate him at 58; petitioner entitled to continue as Timescale Farm Worker under the first respondent till 60, subject to applicable Rules and Regulations; writ petition disposed of.

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NC: 2026:KHC:7933 WP No. 2863 of 2026

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF FEBRUARY, 2026 BEFORE

THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

WRIT PETITION NO.2863 OF 2026 (L-RES)

BETWEEN:

SHIV SINGH KANDARI S/O.CHHADDAR SINGH KANDARI AGED ABOUT 57 YEARS SKILLED FARM WORKER (T/S) SILK WORM SEED PRODUCTION CENTRE CENTRAL SILK BOARD MITHIPERY, PREMNAGAR DEHRADUN UTTARAKHAND-248 007 AND R/AT NO.17/5 WING NO.7, PREMNAGAR DEHRADUN UTTARAKHAND-248 007

…PETITIONER

Digitally signed by B LAVANYA Location: HIGH COURT OF KARNATAKA

(BY SRI GURURAJA P.B. FOR SRI M.NARAYANA BHAT, ADVOCATES)

AND:

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

THE DIRECTOR SILKWORM SEED PRODUCTION CENTRE CSB COMPLEX, BTM LAYOUT MADIWALA, BENGALURU-560 068

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NC: 2026:KHC:7933 WP No. 2863 of 2026

HC-KAR

THE SCIENTIST-C SILKWORM SEED PRODUCTION CENTRE MITHIPERY, PREM NAGAR DEHRADUN-248 001

…RESPONDENTS

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

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE CLAUSE A-11 OF THE MEMORANDUM DATED 30.03.2016 ISSUED BY RESPONDENT NO.3 MARKED AT ANNEXURE-A INSOFAR AS AGE OF RETIREMENT IS ON ATTAINING AGE OF 58 YEARS AS THE SAME IS OPPOSED TO THE AWARD DATED 01.04.2013 IN C.R.NO.151/2007 PASSED BY THE CGIT MARKED AT ANNEXURE-B AND ALSO SECTION 18(3)(d) OF THE INDUSTRIAL DISPUTES ACT, 1947 AND ARTICLES 14 AND 21 OF THE CONSTITUTION OF INDIA AND ETC.

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

ORAL ORDER

This petition is filed seeking a writ of mandamus to direct the respondents to consider the petitioner's representation dated 07.01.2026 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 had filed the petition in the light of the judgment rendered by the Division Bench of this Court in

3 - NC: 2026:KHC:7933 WP No. 2863 of 2026

HC-KAR

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 respondent No.1-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.

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.

1 W.P. No.18693/2014

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NC: 2026:KHC:7933 WP No. 2863 of 2026

HC-KAR

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 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 of this Court in the case of Central Silk Board (supra) . It is further not in dispute that the petitioner is working as Timescale Farm Worker 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.

5 - NC: 2026:KHC:7933 WP No. 2863 of 2026

HC-KAR

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.

(iii) Thus, the petitioner is entitled to continue in employment as Timescale Farm Worker 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

LB

List No.: 1 Sl No.: 79