Karnataka High Court
Central Warehousing Corporation ... vs Central Warehousing Corporation By Its ... on 23 August, 2025
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NC: 2025:KHC:33108-DB
WA No. 1162 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF AUGUST, 2025
PRESENT
THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE C M JOSHI
WRIT APPEAL NO. 1162 OF 2024 (L-RES)
BETWEEN:
1. CENTRAL WAREHOUSING CORPORATION
EMPLOYEES UNION (BR)
REPRESENTED BY ITS GENERAL SECRETARY
NO LF 10, 3RD FLOOR
4TH CROSS,NANDINI LAYOUT
BEGNALURU 560096
2. MASHKOOR MOHIYUDDIN
S/O M I KHURAISHI
AGED ABOUT 62 YEARS
Digitally RETD ASSITANT MANGER (GENERAL)
signed by CENTRAL WAREHOUSING CORPORATION
AMBIKA H B REGIONAL OFFICE
Location: NO LF 10,4TH CROSS
High Court NANIDIN LAYOUT
of Karnataka BENGALURU 560096
R/AT NO 25, HOUSE NO 4
MANJUANTHA LAYOUT
III PHASE, KOTHUR ROAD
VIJIANAPURA,DOORVANI NAGAR
BENGALURU 560016
3. K RAMACHANDRAIAH
S/O KARIYAPA
AGED ABOUT 66 YEARS
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RETED SECTION GRADE RONEO OPERATOR
CETNRAL WAREHOUSING CORPORATION
REGIONAL OFFICE
NO LF 10, 4TH CROSS
NADNINI LAYOUT
BENGLAURU 560096
R/AT ALF 6/12, 2ND FLOOR
BDA FLATS NANDINI LAYOUT
BENGALURU 560096
4. B RAGHAVENDRA RAO
S/O BHEEMA BHATTA
AGED ABOUT 68 YEARS
RETD JUNIOR SUPERINTENDENT
CENTRAL WAREHOUSING CORPORATION
REGIONAL OFFICE
NO LF 10, 4TH CROSS
NANDINI LAYOUT
BENGLAURU 560096
R/AT FLAT 002
JPC PEARL 17TH MAIN
AGS LAYOUT, AREHALLI
BENGALURU 560061
5. R SHASHIKALA
W/O R RANGASWAMY
AGED ABOUT 59 YEARS
SUPERIENTENDENT
CETNRAL WAREHOUSING CORPORATION
REGIONAL OFFICE
NO LF 10, 4TH CROSS
NADNINI LAYOUT
BWENGLAURU 560096
6. P N SANDYAVALI
W/O R NAGARAJAN
AGED ABOUT 63 YEARS
RETD SUPERINTENDNET
CETNRAL WAREHOUSING CORPORATION
REGIONAL OFFICE
NO LF 10, 4TH CROSS
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HC-KAR
NADNINI LAYOUT
BWENGLAURU 560096
RA/T C/O R SHASHIKALA
NO 51, 18TH CROSS
KRIHANADAND NAGAR
MALAGALA, BENGALURU 560061
7. JAYANTHI
W/O SHAHSIDHARA SHARMA
AGED ABOUT 65 YEARS
RETD JUNIOR SUPERINTENDENT
CENTRAL WAREHOUSING CORPORATION
REGIONAL OFFICE
NO LF 10, 4TH CROSS
NANDINI LAYOUT, BENGLAURU 560096
R/AT NO 15, SRI KRISHNA KRUPA
1ST FLOOR, CT BED ROAD
VIDYAPEETA CIRCLE
GANGAMMA LAYOUT
BENGALURU 560050.
8. G LALITHAMMA
W/O K KRISHNA PRASAD
AGED ABOUT 62 YEARS
RETD SUPERINTENDENT
CETNRAL WAREHOUSING CORPORATION
REGIONAL OFFICE
NO LF 10, 4TH CROSS
NADNINI LAYOUT
BENGLAURU 560096
R/AT MR27,SFHS AREA
NANDINI LAYOUT
BENGALURU 560096.
9. DR ROSE MARY EMILIA
W/O C ANTHONY DASSA
GED 68 YEARS, RETD JUNIOR SUPERINTENDENT
CENTRAL WAREHOUSING CORPORATION
REGIONAL OFFICE, NO LF 10, 4TH CROSS
NANDINI LAYOUT
BENGALURU 560096
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R/AT NO 15
ROSE COTTAGE, 5TH B MAIN
SIR M.V. NAGAR
RAMAMURTHY NAGAR
BENGALURU 560016
10. S SHRIDHAR IYER
S/O R SREENIVASAN
AGED ABOUT 60 YEARS
RETD STORAGE AND INSPECTION OFFICE
CENTRAL WAREHOUSING CORPORATION
REGIONAL OFFICE
NO LF 10, 4TH CROSS
NANDINI LAYOUT
BENGALURU-560096
RA/T MF 4/12, B BLOCK,
NANDINI LAYOUT
BENGALURU 560096
11. NAGARAJU, S/O SHAMA RAO
AGED ABOUT 61 YERARS
RETED CHOWKIKDAR GRADE I
CETNRAL WAREHOUSING CORPORATION
APMC YARD, YESHWANTHPUR
BENGALURU 560022
R/AT 517, SAMRUDHI NILAYA
6TH CROSS, CHIKKABDIRAKALLU
BENGALURU 560073
12. SUNDARAMMA
W/O H D RAJANNA
AGED ABOUT 62 YEARS
RETD SAFAIWALI
CETNRAL WAREHOUSING CORPORATION
WHITEFIELD
BENGALURU 560066
R/AT NO 28, 1ST FLOOR
1ST MAIN, 3RD CROSS
LG RAMANNA EXTENSION
LAGGERE, BETGNALURU 560058
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13. N. NARASIMHA MURTHY,
SINCE DECEASED REPRESENTED BY HIS WIFE
SUMITHRA.V.,
AGED ABOUT 60 YEARS,
RETIRED JUNIOR SUPERINTENDENT,
CENTRAL WAREHOUSING CORPORATION, APMC
YARD, YESHWANTHAPUR, BENGALURU- 560 022
R/AT NO.53, 3RD MAIN, 4TH CROSS, SOMESHWARA
NAGAR, YELAHANKA NEW TOWN,
BENGALURU-560 065.
14. N JAYALAKSHMI
W/O N NAGALINGIAH
AGED ABOUT 53 YERARS
RETD SAFAIWALI
CETNRAL WAREHOUSING CORPORATION
NO LF 10, 4TH CROSS
NANDINIL LAYOUT
BENGALURU 560096
R/AT NO J46, 3RD CROSS
1ST MAIN, GAYATHIRNAGAR
RAJAJINAGAR
BENGALURU 560021.
15. V GANESH PRASAD
S/O V N RAJA RAO
AGED ABOUT 62 YEARS
RETD WAREHOUSE ASSISTANT GRADE I
CENTRAL WAREHOUSING CORPORATION
NO LF 10, 4TH CROSS
NANDINI LAYOUT, BENGALURU 560096
R/AT NO 214, PLOT NO 10
BAIROJI RAO LAYOUT
SRINAGAR, BENGALURU 560062
16. K L RADHAKRISHNA
S/O K.R. LAKSHMANAIAH
AGED ABOUT 70 YEARS
RETIRED SUPERINTENDENT
CENTRAL WAREHOUSING CORPORATION
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BANGALORE (BANGALORE II)
BENGALURU 560073
R/AT NO 102, ESHWAR LAYOUT
J P NAGARA, 7TH BLOCK
BENGALURU 560062
17. S UMA, W/O R KANAKABAPATHY
AGED ABOUT 66 YERARS
RETD JUNIOR SUPERINENDNT
CETNRAL WAREHOUSING CORPORATION
NO LF 10, 4TH CROSS
NANDINIL LAYOUT
BENGALURU 560096
R/AT NO K 301
VAISHNAVI RATHNAM
NO 1 SM ROAD, JALAHALLI
BENGALURU 560057
18. ESWARAN NAMBOODHRI P T
S/O KRISHNAN NAMBOODHIRI
AGED ABOUT 62 YEARS
RETED JUNIOR SUPERINTENDENT
CENTRAL WAREHOSUING CORPORATION
APMC YARD, YESHWANTHPUR
BWENGALURU
R/AT NO 51/11
11THC ROSS, 4TH MAIN
GURUMURTHY REDDY COLONY
YESHWANTHPUR
BENGALURU 560022.
19. M MANJUANTHA
S/O MUNISWMASPPAA
GED ABOUT 61 YEARS
RETD JUNIOR SUPERINTENDENT
CENTRAL WAREHSOUNFG CORPORATION
K R PURA, BENGALURU 560016R
A/T NO 12, GARDEN STREET
NEAR MANIPAL POLY CLINIC
RAMAMURTHY NAGAR
BENGALURU 560016.
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20. H SANNAPPA SETTY
S/O H M NANJAPPASETTY
AGED ABOUT 70YERARS
RETD WAREHOUSE ASSISTNT GRADE I
CENTRAL WAREHOUSING CORPORATION
R V LAYOUT, BENGALURU 560022
R/AT NO 585, RAJESHWARI RESIDENCY
37TH MAIN, IDEAL HOMES
RAJARAJESHWARI NAGAR
BENGALURU 560098
21. H N PRAKASH
S/O H K NANJAPPA
AGED ABOUT 65YEARS
RETD JUNIOR SUPERINTENDENT
CENTRAL WAREHOUSING CORPORATION
REGIONAL OFFICE
NO LF 10, 4TH CROSS
NANDINI LAYOUT
BENGALURU 560096
R/AT NO 141
PUSHPAGIRINAGAR
HOSAKEREHALLI
KEREKODI, BSK 3RD STAGE
BENGALURU 560085
22. P H GANESH RAO
S/O P HEMOJI RAO
AGED ABOUT 69YEARS
RETD WAREHOUSE ASSISTNT GRADE I
CENTRAL WAREHOUSIG CORPRIAITON
DAVANAGERE 577003
R/AT POOJITHA NILAYA
3RD MAIN,14TH CROSS
VINOBA ANGAR
DAVANAGERE 577006
23. B KRISHNA MURTHY
S/O HANUMANTHAPPA
AGED ABOUT 67 YERARS
RETD CHOWKIDAR GRADE I
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CENTRAL WAREHOSUNG CORPORATION
DAVANAGERE 577003
R/AT 802/71, SREE BHAVANA
2ND CROSS, BHUMIKA NAGAR
DAVANGERE 577006
24. K YOGESH RAI
S/O K MALLIPPA RAI
AGED ABOUT 69 YEARS
RETD JUNIOR SUPERINTENDENT
CENTRAL WAREHOUSING CORPORATION
DAVANAGERE 577003
R/AT KIRAN RAJ NIVAS
KODIKAL, KALPANAE
ASHOK NAGAR POST
MANGALURU 577004
25. A R SHINDHE, S/O RAMACHANDRA RAO
AGED ABOUT 68 YEARS
RETD WAREHOSING ASSITNAT GRADE I
CENTRAL WAREHOSUGNG CORPORARTION
DAVANAGERE 577003
R/AT 1777/43, VINAYAKA BADAVANE
SARASWATHI NAGAR 3RD STAGE
DAVANAGERE 577004
...APPELLANTS
(BY SRI MURALIDHAR K.B., ADVOCATE)
AND:
CENTRAL WAREHOUSING CORPORATION
BY ITS MANAGING DIRECTOR
MANAGING DIRECTOR
WAREHOUSING BHAVAN
NO 4/1, SIRI INSTITUTIONAL AREA
HAUZ KHAS
NEW DELHI 110016
...RESPONDENT
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WA No. 1162 of 2024
HC-KAR
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO ALLOW THIS WRIT
APPEAL AND SET ASIDE THE ORDER PASSED BY THE LEARNED
SINGLE JUDGE DATED 28/06/2024 PASSED IN W.P.
NO.60148/2014 (L-RES) AND CONSEQUENTLY ALLOW THE
WRIT PETITION FILED BY THE APPELLANTS & ETC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
and
HON'BLE MR. JUSTICE C M JOSHI
ORAL JUDGMENT
(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
1. The appellant has filed the present appeal impugning an order dated 28.06.2024 passed by the learned Single Judge in Writ Petition No.60148 of 2014 whereby the said petition was dismissed.
2. The appellants (writ petitioners) had filed the aforementioned petition impugning a Circular dated 04.06.2010 issued by the respondent. Additionally, the appellants had also prayed that the Memorandum of Understanding dated 10.09.2009, which pertained to the revision of fringe benefit of
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NC: 2025:KHC:33108-DB WA No. 1162 of 2024 HC-KAR the appellants for the period 01.09.2009 till 31.12.2011, be declared as void ab initio.
3. Petitioners have also sought for grant of fringe benefits at the rate of 40% of their basic pay for the period 26.11.2008 to 31.12.2011, as has been granted to Group A and B officers.
4. The appellants are employees of the respondent falling in the category of C and D employees. In terms of the instructions issued by the Central Government, the respondent entered into negotiations with Group C and D employees for revision of their pay, with effect from 01.01.1997 till 2006. The remuneration payable to the said employees included fringe benefits, which were payable to the appellants on absolute rupee terms and not ad valorem of their basic salary.
5. The appellants state that the Department of Public Enterprises issued an Office Memorandum dated 09.11.2006 directing all Central Public Sector Enterprises to initiate negotiations with Employee Associations or Associations of group C and D employees for revision of pay scales with effect from 01.01.2007.
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5. In terms of the said Office Memorandum, the respondent entered into negotiations with the Association of the group C and D employees. The negotiations fructified in an agreement which was recorded in the Memorandum of Understanding dated 10.09.2009, whereby the pay scales were revised. The appellants were also granted fringe benefits in absolute rupee terms. It is the appellants case that at the material time they were not aware of the revision of pay scales of group A and B officers. Their pay scales were also revised, but they were granted fringe benefits on ad valorem basis to the extent of 40% to their basic pay. The appellants are essentially aggrieved by the different methods of granting fringe benefits.
6. It is contended on behalf of the appellants that the different basis, i.e. the 40% ad valorem of basic pay for group A and B employees and in rupee terms to group C and D employees is discriminatory and falls foul of Article 14 of the Constitution of India.
7. It is also contended the fact that the perquisites to group A and B officers would be granted at the rate of 40% of their
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NC: 2025:KHC:33108-DB WA No. 1162 of 2024 HC-KAR basic pay was not disclosed to the Association of C and D employees. Therefore, they had negotiated for revision of pay scales being unaware of the basis on which fringe benefits were granted to group A and B employees. The appellants claim that this is a fraud played upon their Association and therefore the Memorandum of Understanding dated 10.09.2009 entered into with the Association is liable to be declared as void.
8. We find no merit in the aforesaid contentions. It is well settled that Article 14 of the Constitution of India admits reasonable classification. For the purposes of duties, emoluments, grades and rank, employees have been categorized in separate categories. The emoluments paid to group A and B officers are not required to be equivalent to the emoluments paid to group C and D employees. Therefore, we are unable to accept that granting fringe benefits to group C and D employees on rupee terms and granting perquisites to group A and B officers as 40% of their basic pay constitutes conflicts with the equal protection clause under the Constitution of India.
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9. The learned Single Judge had accordingly dismissed the writ petition with the observation that the grievance raised by the appellants cannot be agitated in writ proceedings. Whilst the appellants may be unsatisfied with the value of perquisites negotiated by their Association, the same does not lead to any actionable claim. The appellants have no legal right to insist that their perquisites be determined on ad valorem basis or that the fixation of perquisites on any other basis violates Article 14 of the Constitution of India.
10. The appeal is accordingly dismissed.
Sd/-
(VIBHU BAKHRU) CHIEF JUSTICE Sd/-
(C M JOSHI) JUDGE SS List No.: 1 Sl No.: 70