Karnataka High Court

WA/1809/2026 of SHRI KUMAR SWAMY S Vs THE MANAGEMENT OF HINDUSTAN AERONAUTICS LIMITED on 28 July 2026

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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

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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

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