Karnataka High Court
Sri Fayaz Ahmed Sheikh vs Central Silk Board on 26 February, 2026
-1-
NC: 2026:KHC:11964
WP No. 5273 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
WRIT PETITION NO.5273 OF 2026 (L-RES)
BETWEEN:
1. SRI FAYAZ AHMED SHEIKH
S/O GH. NABI SHEIKH,
AGED 58 YEARS,
WORKING AS SFW (TS),
CENTRAL SILK BOARD,
P4, BSF, MANASBAL,
JAMMU AND KASHMIR
R/AT C/O MUDALAIAH,
NO.121-A, 10TH 'B' CROSS,
SHANTHI GARDEN, MUDULAPALYA,
BENGALURU-560 072.
Digitally
signed by
PRAMILA G V ...PETITIONER
(BY SRI. V.S. NAIK, ADVOCATE)
Location:
HIGH COURT
OF AND:
KARNATAKA
1. CENTRAL SILK BOARD
BTM LAYOUT, MADIWALA,
BANGALORE-560 068
REP. BY ITS MEMBER SECRETARY.
2. THE DIRECTOR,
CENTRAL SERICULTURAL RESEARCH
AND TRAINING INSTITUTE,
CENTRAL SILK BOARD,
-2-
NC: 2026:KHC:11964
WP No. 5273 of 2026
HC-KAR
PAMPORE,
JAMMU AND KASHMIR-191 121.
...RESPONDENTS
(BY SRI. NARASIMHASWAMY, ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE
RESPONDENTS TO CONSIDER THE REPRESENTATION OF THE
PETITIONER DATED 02.02.2026 PRODUCED AT ANNEXURE-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, ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
ORAL ORDER
This petition is filed seeking writ of mandamus to direct the respondents to consider the petitioner's representation dated 02.02.2026 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.
2. The petitioner had 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 -3- NC: 2026:KHC:11964 WP No. 5273 of 2026 HC-KAR 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.
3. 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.
4. 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.
5. 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 -4-
NC: 2026:KHC:11964 WP No. 5273 of 2026 HC-KAR
6. 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.
7. This Court has considered the contentions raised at the bar and perused the records.
8. 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.
-5-
NC: 2026:KHC:11964 WP No. 5273 of 2026 HC-KAR
9. 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 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.
10. The Writ Petition is accordingly disposed of with the above observations and findings.
Sd/-
(ANANT RAMANATH HEGDE) JUDGE VMB List No.: 1 Sl No.: 9