- 1 - HC-KAR NC: 2025:KHC:41900-DB WA No. 269 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE RAJESH RAI K WRIT APPEAL NO. 269 OF 2024 (L-RES) BETWEEN: WORKMEN OF HINDUSTAN AERONAUTICS LIMITED REPRESENTED BY THE HINDUSTAN AERONAUTICS EMPLOYEES ASSOCIATION, A TRADE UNION REGISTERED UNDER THE TRADE UNIONS ACT, 1926, HAVING ITS OFFICE AT HINDUSTAN AERONAUTICS LIMITED, VIMANAPURA POST, BENGALURU-560 017, REPRESENTED BY ITS GENERAL SECRETARY. …APPELLANT (BY SRI. MAITREYI KRISHNAN, ADVOCATE) AND: 1. HINDUSTAN AERONAUTICS LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, REGISTERED AND CORPORATE OFFICE AT NO.15/1, CUBBON ROAD, BENGALURU-560 001, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR. 2. HINDUSTAN AERONAUTICS LIMITED A COMPANY INCORPORATED UNDER THE Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41900-DB WA No. 269 of 2024 COMPANIES ACT, 1956, REGISTERED AND CORPORATE OFFICE AT NO.15/1, CUBBON ROAD, BENGALURU-560 001, REPRESENTED BY ITS GENERAL MANAGER-(HR)-BC 3. HINDUSTAN AERONAUTICS LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, REGISTERED AND CORPORATE OFFICE AT NO.15/1, CUBBON ROAD, BENGALURU-560 001, REPRESENTED BY ITS DEPUTY GENERAL MANAGER - (HR)- BC 4. HINDUSTAN AERONAUTICS LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, REGISTERED AND CORPORATE OFFICE AT NO.15/1, CUBBON ROAD, BENGALURU-560 001, REPRESENTED BY ITS DEPUTY GENERAL MANAGER - (HR-LEGAL)-BC …RESPONDENTS (BY SRI. PRADEEP S SAWKAR, ADVOCATE FOR C/R4) THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER OF THE LEARNED SINGLE JUDGE DATED 18.01.2024 IN WP No. 347/2024 AND CONSEQUENTLY ALLOW THE WRIT PETITION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE RAJESH RAI K - 3 - HC-KAR NC: 2025:KHC:41900-DB WA No. 269 of 2024 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The present writ appeal has been filed impugning the judgment and order dated 18.01.2024 passed by the learned Single Judge in W.P.No.347/2024 filed by the appellant- workmen union. 2. The workmen union had filed the writ petition in the year 2024 challenging the communication issued by the Hindustan Aeronautics Limited-respondent No.3 for calculating the leave encashment. It appears that a settlement was arrived between the parties in the year 1988. However, the said settlement was terminated in the year 2009. 3. The present appellant-workmen union has raised the industrial dispute in respect of the very same matter and the Central Government has referred the Industrial Dispute to the National Industrial Tribunal, Mumbai, by the reference dated 06.06.2025, which read as under, "Whether the action of the management of Hindustan Aeronautic Limited in its various units throughout the country in modifying the procedure of calculation of leave encashment unilaterally in dividing salary by 30 instead of 26 without adhering to the provision of the ID - 4 - HC-KAR NC: 2025:KHC:41900-DB WA No. 269 of 2024 Act, 1947 is illegal and unjustified in the eye of law? If yes, what relief the workmen are entitled to?” 4. The said dispute is pending consideration before the National Industrial Tribunal, Mumbai. 5. The prayers made in the writ petition would read as under, "a) Issue a Writ of Mandamus and quash the impugned communication issued by the 3rd respondent dated 03.08.2023 bearing No.BC/HR/17/527/2023 annexing Notice of Change under Section 9A in Form E (placed as Annexure - A); b) Issue a Writ of Mandamus and quash the impugned communication issued by the 4th respondent bearing No.BC/HR/17/965/2023 dated 27.12.2023 (placed as Annexure - B) c) Issue a Writ of Mandamus directing the Respondent Management to ensure compliance with the Memorandum of Settlement (Ref. No.PTN/CR-55/88-89 dated 14.06.1988) signed on 19.08.1988 (placed as Annexure-C) d) Issue any other order or orders as this Hon'ble Court may deem fit to grant in the facts and circumstances of the case including the costs of this writ petition, to meet the ends of justice." - 5 - HC-KAR NC: 2025:KHC:41900-DB WA No. 269 of 2024 6. Considering the prayers made in the writ petition, we are of the considered view that the prayers are within the realm of Industrial Dispute Act, 1947 for which the dispute has already been referred before the National Industrial Tribunal, Mumbai by the Central Government as stated above. 7. In view of the aforesaid, we do not find that the learned Single Judge has committed any error of law, which requires an interference by this Court. We do not find any substance in this appeal, and hence the same is dismissed. SD/- (D K SINGH) JUDGE SD/- (RAJESH RAI K) JUDGE CR List No.: 1 Sl No.: 6