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2026 DAILYLAW 10599 (KAR)

WORKMEN OF HINDUSTAN AERONAUTICS LIMITED v. HINDUSTAN AERONAUTICS LIMITED

WP/37317/2025 · 2026-04-09

Anant Ramanath Hegde

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:19925 WP No. 37317 of 2025 C/W WP No. 37354 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 37317 OF 2025 (L-RES) C/W WRIT PETITION NO. 37354 OF 2025 (L-RES) IN WP No. 37317/2025 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 …PETITIONER (BY SRI. CLIFTON.D.RAZARIO, ADVOCATE FOR SMT. 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 Digitally signed by JYOTHI MANJUNATH Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:19925 WP No. 37317 of 2025 C/W WP No. 37354 of 2025 2. 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 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) 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 THE CHIEF EXECUTIVE OFFICER, BENGALURU COMPLEX 5. 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 THE CHIEF EXECUTIVE OFFICER, DESIGN COMPLEX - 3 - HC-KAR NC: 2026:KHC:19925 WP No. 37317 of 2025 C/W WP No. 37354 of 2025 6. 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 THE CHIEF EXECUTIVE OFFICER, HELICOPTER COMPLEX …RESPONDENTS (BY SRI. S.R. KAMALACHARAN AND SRI. PRADEEP S.SAWKAR, ADVOCATE FOR R1 TO R6) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT, ORDER OR DIRECTION RESTRAINING THE RESPONDENT NO. 1 TO 3 FROM ENGAGING OR EMPLOYING ANY WORKERS OR PERSONNEL THROUGH IN-SOURCING OR CONTRACT IN CORE WORKS OF THE RESPONDENT., AND ETC. IN WP NO. 37354/2025 BETWEEN: 1. HINDUSTAN AERONAUTICS LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGD., AND CORPORATE OFFICE AT NO.15/19 CUBBON ROAD, BENGALURU- 560 001. REPRESENTED BY ITS DEPUTY GENERAL MANAGER- (HR)-BC MR. R. JAYAPRAKASH ...PETITIONER (BY SRI. PRADEEP S SAWKAR., ADVOCATE) AND: - 4 - HC-KAR NC: 2026:KHC:19925 WP No. 37317 of 2025 C/W WP No. 37354 of 2025 1. HINDUSTAN AERONAUTICS EMPLOYEES ASSOCIATION A TRADE UNION REGISTERED UNDER TRADE UNIONS ACT, 1926, HAVING ITS OFFICE AT HINDUSTAN AERONAUTICS LIMITED, VIMANAPURA POST, BENGALURU - 560017. REPRESENTED BY ITS GENERAL SECRETARY 2. REGIONAL LABOUR COMMISSIONER (CENTRAL) SHRAM SADAN, 3RD MAIN, 3RD CROSS, TUMKUR ROAD, YESHWANTHAPUR, BENGALURU- 560022. 3. COMMISSIONER OF POLICE NO.1, INFANTRY ROAD, BENGALURU- 560 001. ...RESPONDENTS (BY SRI. CLIFTON D.ROZARIO, ADVOCATE FOR SMT.MAITREYI KRISHNAN., ADVOCATE FOR R1; SRI. M.RAJAKUMAR, AGA FOR R3) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION RESTRAINING RESPONDENT NO.1, ITS OFFICE BEARERS, EXECUTIVE COMMITTEE MEMBERS AND WORKMEN MEMBERS OF THE AIRCRAFT DIVISION FROM CONTINUING THE ILLEGAL TOOL DOWN STRIKE OR ANY OTHER FORM OF AGITATION OR FROM DISRUPTING DAY-TO-DAY PRODUCTION ACTIVITIES OF THE AIRCRAFT DIVISION OF THE PETITIONER AT BENGALURU., AND ETC. - 5 - HC-KAR NC: 2026:KHC:19925 WP No. 37317 of 2025 C/W WP No. 37354 of 2025 THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL ORDER Heard the learned counsel appearing for the petitioner and respondents. 2. It is noticed that the petitioner has an alternative remedy. Under these circumstances, the Court is of the view that the petitioner should exhaust the alternative remedy before approaching the Writ Court. 3. With this observation, the petitions are disposed of reserving the liberty to approach the competent authority under the Act. 4. It is also noticed that the conciliation has failed and report is submitted to the appropriate government. Though the Industrial Disputes Act, 1947 is repealed in terms of Industrial Relations Code, 2020, Section 104 is amended and that confers the jurisdiction on the Labour Court and Industrial Tribunal under the Industrial Disputes Act, 1947 till the constitution of - 6 - HC-KAR NC: 2026:KHC:19925 WP No. 37317 of 2025 C/W WP No. 37354 of 2025 the Tribunals under the Industrial Relations Code, 2020. Thus the appropriate government shall refer the dispute to the jurisdictional Tribunal and Tribunal shall consider the case in accordance with law. 5. It is also noticed that, before the Conciliation Officer, the dispute relating to deduction of wages in the ratio of 1:2 for the month of February was also under consideration and report is also submitted in this case. 6. Under these circumstances, nothing survives for consideration in these petitions. Both parties are at liberty to avail such remedy as advised in law. 7. Needless to say that the parties need not go to the adjudication process. It is open to the parties to again attempt one more settlement. 8. All contentions are kept open. Sd/- (ANANT RAMANATH HEGDE) JUDGE RJ / List No.: 1 Sl No.: 19