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2024 Supreme(Online)(KAR) 6875

HIGH COURT OF KARNATAKA
K S HEMALEKHA
WORKMEN OF HINDUSTAN AERONAUTICS LIMITED – Appellant
Versus
HINDUSTAN AERONAUTICS LIMITED – Respondent


Petitioner Advocates:MAITREYI KRISHNAN ,Respondent Advocate: PRADEEP S SAWKAR, SUNDARSWAMY AND RAMDAS

O R D E R

The workmen of Hindustan Aeronautics Limited represented by the Hindustan Aeronautics Employees Association-a trade union are before this Court assailing the impugned communication issued by respondent No.3 dated 03.08.2023 annexing notice of change under Section 9A of the Industrial Disputes Act, 1947 (hereinafter referred to as ‘the ID Act’ for short) in Form ‘E’ at Annexure-A, the communication issued by respondent No.4 dated 27.12.2023 at Annexure-B and further a writ of mandamus directing the respondent-management to ensure the compliance with the memorandum of settlement dated 14.06.1988.

2. Petitioner herein is referred to as a Trade Union and the respondent as the management for the sake of convenience.

3. Heard Smt. Maitreyi Krishnan, learned counsel for the petitioner and Sri. Pradeep S. Sawkar, learned counsel for the respondents.

4 (I) Learned counsel for the petitioner would urge the following grounds:

i. That the workmen of the respondent-management have vested right for computation of leave encashment by considering 26 days in a month as prescribed under the memorandum of settlement entered between the petitioner- union and the respondent-management and in viola

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