Karnataka High Court
WA/1811/2026 of SHRI AJAYAN K Vs THE MANAGEMENT OF HINDUSTAN AERONAUTICS LIMITED on 28 July 2026
CNR: KAHC010506062026 NC: 2026:KHC:39225-DB WA No. 1811 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. 1811 OF 2026 (L-TER) BETWEEN: 1. SHRI AJAYAN K S/O
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. 1811 OF 2026 (L-TER)
BETWEEN:
1.
SHRI AJAYAN K
S/O LATE RAGHAVAN P K,
AGED ABOUT 52 YEARS
DEPT/PB NO. R 355/605061
AIRCRAFT TECHNICIAN S-6
RESIDING AT C/O JOHN VALSON,
CHAKKALAKKAL,
MATTAMMAL JN,
KONTHURUTHY ROAD, THEVARA PO,
ERNAKULAM DISTRICT,
KERALAM - 682013
2.
SHRI. KRISHNA DAS KN
S/O NARAYANA DAS KK,
AGED ABOUT 53 YEARS
DEPT/PB NO. R 355/605681
AIRCRAFT TECHNICIAN S-8
RESIDING AT KALAVAMAPARA HOUSE,
DESPENSERY WEST,
ERNAKULAM DISTRICT,
CHERAI PO, KERALAM
3.
SHRI. JOSEPH CV
S/O LATE VARGHESE CL,
AGED ABOUT 59 YEARS
DEPT/PB NO. R 355/605241
AIRCRAFT TECHNICIAN D-8
Digitally signed
by VASANTHA
KUMARY B K
Location: HIGH
COURT OF
KARNATAKA
HC-KAR
HAVING THEIR RESIDING ADDRESS AT,
CHEMMANNOR HOUSE,
PUTHENPALLI POST,
GURUVAYUR, THRISSUR DISTRICT,
KERALAM-680103
…APPELLANTS
(BY SRI. DR.RAVI VARMA KUMAR, SENIOR 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-560001
(REPRESENTED BY ITS CHAIRMAN
CUM MANAGING DIRECTOR)
2.
THE MANAGEMENT OF HINDUSTAN
AERONAUTICS LIMITED
A COMPANY REGISTERED UNDER
THE COMPANY'S ACT, 1956
HELICOPTER MRO DIVISION,
HELICOPTER COMPLEX,
POST BOX NO. 1796,
VIMANAPURA POST,
BENGALURU- 560017
(REPRESENTED BY THE GENERAL MANAGER
OF THE DIVISION)
3.
UNION OF INDIA
REPRESENTED BY THE DEFENSE SECRETARY
MINISTRY OF DEFENSE
NO.104, SOUTH BLOCK,
NEW DELHI-110001
…RESPONDENTS
(BY SRI. S.S.RAMDAS., ADVOCATE FOR
SRI. PRADEEP.S.SAWKAR, ADVOCATE FOR
HC-KAR
C/R1 AND R2;
R3 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 WRIT
PETITION No. 12808 OF 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 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
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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 months. Learned Single Judge vacated the interim order on the ground that the writ petitions were not maintainable in view of
HC-KAR
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.
6. Till the writ petitions are finally decided by the learned Single Judge, the interim order dated 22.04.2026 which
HC-KAR
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.: 10