Karnataka High Court
WA/1809/2026 of SHRI KUMAR SWAMY S Vs THE MANAGEMENT OF HINDUSTAN AERONAUTICS LIMITED on 28 July 2026
CNR: KAHC010506042026 NC: 2026:KHC:39235-DB WA No. 1809 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. 1809 OF 2026 (L-RES) BETWEEN: 1. SHRI KUMAR SWAMY
HC-KAR
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. 1809 OF 2026 (L-RES)
BETWEEN:
1.
SHRI KUMAR SWAMY S
S/O SRINIVAS,
AGED ABOUT 46 YEARS
RESIDING AT NO. 209,
3RD CROSS, RAJADHANI LAYOUT,
ADAKAMARANAHALLI,
BENGALURU - 562162
2.
SHRI. MANOJ KUMAR
S/O MUKHTIAR SINGH,
AGED ABOUT 53 YEARS
RESIDING AT NO. FF 03,
KEERTHANA KING BLISS,
7TH CROSS GREEN GARDEN LAYOUT,
MUNNEKOLAL, BENGALURU - 560037
3.
SHRI. RAJISH TB
S/O TM BABU,
AGED ABOUT 51 YEARS,
RESIDING AT NO. 37,
BALAJI GREEN,
BEHIND JANAPRIYA APARTMENT,
NELAMANGALA NEW TOWN,
BENGALURU RURAL - 562123
…APPELLANTS
(BY DR. RAVI VARMA KUMAR, SENIOR ADVOCATE FOR
SRI. L MURALIDHAR PESHWA., ADVOCATE)
Digitally signed
by VASANTHA
KUMARY B K
Location: HIGH
COURT OF
KARNATAKA
HC-KAR
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-560001
(REPRESENTED BY ITS CHAIRMAN
CUM MANAGING DIRECTOR)
2.
THE MANAGEMENT OF HINDUSTAN
AERONAUTICS LIMITED
A COMPANY REGISTERED UNDER THE
COMPANIES ACT, 1956
1956 LCA TEJAS DIVISION,
BENGALURU COMPLEX, PB NO. 3791,
MARATHAHALLI POST,
BENGALURU- 560037
REPRESENTED BY THE
GENERAL MANAGER
(SECURITY DIVISION)
3.
THE SENIOR MANAGER (HR)
THE MANAGEMENT OF
HINDUSTAN AERONAUTICS LIMITED
A COMPANY REGISTERED UNDER THE
COMPANIES ACT, 1956
1956 LCA TEJAS DIVISION,
BENGALURU COMPLEX,
PB NO. 3791,
MARATHAHALLI POST,
BENGALURU- 560037
4.
UNION OF INDIA
REPRESENTED BY
THE DEFENSE SECRETARY
MINISTRY OF DEFENSE
HC-KAR
NO. 104, SOUTH BLOCK,
NEW DELHI-110001
…RESPONDENTS
(BY SRI. S.S.RAMDAS., ADVOCATE FOR
SRI. PRADEEP.S.SAWKAR, ADVOCATE FOR C/R1-R3; R4- ASG SERVED AND UNREPRESENTED)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED
16/07/2026, PASSED BY THE LEARNED SINGLE JUDGE IN WP
NO.3192/2026, WHICH VACATED THE INTERIM ORDER DATED
05/02/2026, 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
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
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
HC-KAR
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 seek unnecessary adjournments before the learned Single Judge.
HC-KAR
6. Till the writ petitions are finally decided by the learned Single Judge, the interim order dated 05.02.2026 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.: 9