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2026 DAILYLAW 31644 (KAR)

SMT BAGYASHRI IRAPPA KAMBAR v. MANAGEMENT OF HINDUSTAN AERONAUTICS LIMITED

WA/1804/2026 · 2026-07-28

D K Singh, T M Nadaf

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010505042026 NC: 2026:KHC:38987-DB WA No. 1804 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. 1804 OF 2026 (L-RES) BETWEEN: 1. SMT BAGYASHRI IRAPPA KAMBAR W/O RAGHAVENDRA MAHADEV KAMBAR AGED ABOUT 35 YEARS RESIDING AT FA-381, HAL OLD TOWNSHIP, BENGALURU - 560 017 2. SHRI. KISHAN TIWARI S/O ARVIND TIWARI AGED ABOUT 30 YEARS RESIDING AT FA - 256, 2ND MAIN ROAD, TEJAS ENCLAVE, HAL OLD TOWNSHIP, BENGALURU - 560 017 …APPELLANTS (BY SRI. CLIFTON D'ROZARIO, ADVOCATE ALONG WITH SMT. MAITREYI KRISHNAN, ADVOCATE) AND: 1. MANAGEMENT OF HINDUSTAN AERONAUTICS LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 REGISTERED AND CORPORATE OFFICE AT NO.15/1, Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010505042026 NC: 2026:KHC:38987-DB WA No. 1804 of 2026 CUBBON ROAD, BENGALURU-560 001. REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR 2. THE MANAGEMENT OF HINDUSTAN AERONAUTICS LIMITED A COMPANY REGISTERED UNDER THE COMPANY'S ACT, 1956 INDUSTRIAL HEALTH CENTRE, MEDICAL DIVISION, BENGALURU COMPLEX, MARATHAHALLI POST, BENGALURU 560037. REPRESENTED BY THE CHIEF MANAGER (HR) 3. UNION OF INDIA MINISTRY OF DEFENCE, NO. 104, SOUTH BLOCK, NEW DELHI-110001. REPRESENTED BY ITS SECRETARY 4. MANAGEMENT OF 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 GM(HR) …RESPONDENTS (BY SRI. S.S.RAMDAS, ADVOCATE FOR SRI. PRADEEP.S.SAWKAR AND S.R.KAMALA CHARAN, ADVOCATE FOR C/R1, R2 AND R4 R3 ASG SERVED AND UNREPRESENTED) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO CALL FOR THE RECORDS IN WP NO.10923/2026 AND GRANT THE APPELLANT THE FOLLOWING RELIEFS AND SET ASIDE THE ORDER OF THE LEARNED SINGLE - 3 - HC-KAR CNR: KAHC010505042026 NC: 2026:KHC:38987-DB WA No. 1804 of 2026 JUDGE DATED 16/07/2026 IN WP NO.10923/2026, AND CONSEQUENTLY REJECT THE APPLICATION FILED BY THE RESPONDENT IN IA NO.2/26, ETC. 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 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. 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 - 4 - HC-KAR CNR: KAHC010505042026 NC: 2026:KHC:38987-DB WA No. 1804 of 2026 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 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 08.04.2026 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. - 5 - HC-KAR CNR: KAHC010505042026 NC: 2026:KHC:38987-DB WA No. 1804 of 2026 8. The writ appeal stands disposed of in the above terms. Sd/- (D K SINGH) JUDGE Sd/- (T.M.NADAF) JUDGE RKA CT:SN List No.: 1 Sl No.: 7