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2026 DAILYLAW 31477 (KAR)

SMT ASHA v. THE MANAGEMENT OF HINDUSTAN AERONAUTICS LIMITED

WA/1797/2026 · 2026-07-28

D K Singh, T M Nadaf

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010504122026 NC: 2026:KHC:39032-DB WA No. 1797 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT APPEAL NO. 1797 OF 2026 (L-TER) BETWEEN: SMT. ASHA A W/O SUNDHARAJAN AGED ABOUT 29 YEARS R/AT NO.8218, BANAPPA COLONY YEMALUR, BENGALURU-560 037. …APPELLANT (BY DR. RAVI VARMA KUMAR, SR. ADVOCATE FOR SRI L. MURALIDHAR PESHWA, ADVOCATE) AND: 1. THE MANAGEMENT OF HINDUSTAN AERONAUTICS LIMITED A COMPANY REGISTERED UNDER THE COMPANY'S ACT, 1956 HAVING ITS REGISTERED OFFICE AT 15/01, CUBBON ROAD BENGALURU - 560 001 (REPRESENTED BY ITS CHAIRMAN CUM MANAGING DIRECTOR) 2. THE MANAGEMENT OF HINDUSTAN AERONAUTICS LIMITED A COMPANY REGISTERED UNDER THE COMPANY'S ACT, 1956 INDUSTRIAL HEALTH CENTRE POST BOX NO. 1796, VIMANAPURA POST Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010504122026 NC: 2026:KHC:39032-DB WA No. 1797 of 2026 BENGALURU - 560 017 (REPRESENTED BY THE GENERAL MANAGER) 3. UNION OF INDIA REPRESENTED BY THE DEFENSE SECRETARY MINISTRY OF DEFENSE NO.104, SOUTH BLOCK NEW DELHI - 110 001. …RESPONDENTS (BY SRI S.S.RAMDAS, ADVOCATE FOR SRI PRADEEP S. SAWKAR, ADVOCATE FOR C/R1 & R2; ASG SERVED AND UNPRESENTED) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE ORDER DATED 16.07.2026, PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION NO.3039 OF 2026, WHICH VACATED THE INTERIM ORDER DATED 02.02.2026, AS THE ORDER IS MANIFESTLY ERRONEOUS, ILLEGAL, UNCONSTITUTIONAL AND AGAINST THE WELL LAID DOWN PRINCIPLES OF LAW, AND CONSEQUENTLY APPELLANTS MAY BE ALLOWED TO BE CONTINUED WITH THEIR SERVICES AT THE RESPONDENT COMPANY. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE T.M.NADAF ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) This appeal is taken up for final disposal with the consent of both the learned counsel appearing for the respective parties. - 3 - HC-KAR CNR: KAHC010504122026 NC: 2026:KHC:39032-DB WA No. 1797 of 2026 2. The present appeal is filed against the order passed by the learned Single Judge vacating the interim order that had been operating in favour of the appellants for a period of six months. Learned Single Judge vacated the interim order on the ground that the writ petitions were not maintainable in view of the availability of an alternate remedy under the provisions of the Industrial Disputes Act, 1947. 3. We are not expressing any opinion on the view taken by the learned Single Judge. However, we are of the considered view that when the writ petitions are still pending adjudication, it would not be appropriate to vacate the interim order at this stage. 4. Accordingly, we dispose of the appeal requesting the learned Single Judge to decide the matter finally preferable as expeditiously as possible may be within a period of two months. 5. The parties are directed to extend full cooperation to facilitate early disposal of the writ petitions and shall not - 4 - HC-KAR CNR: KAHC010504122026 NC: 2026:KHC:39032-DB WA No. 1797 of 2026 seek unnecessary adjournments before the learned Single Judge. 6. Till the writ petitions are finally decided by the learned Single Judge, the interim order dated 02.02.2026 which was in operation prior to the passing of the impugned order, shall continue to remain in operation. 7. The parties are at liberty to file further pleadings and take all contentions as may be available under the law. 8. The writ appeal stands disposed of in the above terms. Sd/- (D K SINGH) JUDGE Sd/- (T.M.NADAF) JUDGE RKA List No.: 1 Sl No.: 3