IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2019 BEFORE THE HON'BLE MR.JUSTICE R DEVDAS WRIT PETITION NO.26442/2018 (L-RES) BETWEEN MR. M N KRISHNAN, AGED 58 YEARS, S/O. LATE K.NARASIMHAN, WORKING AS MECHANIC(E), H.A.L. (BANGALORE COMPLEX), (AIRCRAFT DIVISION), BANGALORE-560 017. ... PETITIONER (BY SRI NAIK V S, ADVOCATE) AND THE HINDUSTAN AERONAUTICAL LIMITED, HAL COMPLEX, BANGALORE-560 017, REPRESENTED BY ITS MANAGING DIRECTOR. ... RESPONDENT (BY SRI S G PRASHANTH MURTHY, ADVOCATE FOR SRI SRIRANGA S, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS FROM THE C.G.IT BANGALORE PERTAINING TO ANNEXURE-B, QUASH THE AWARD DTD:13.10.2017 PASSED BY THE C.G.IT. BENGALURU IN C.R.NO.9/2013 THE CERTIFIED COPY OF WHICH IS PRODUCED AND MARKED AS ANNEXURE-B IN SO FAR THE PETITIONER IS CONCERNED AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER R.DEVDAS J., (ORAL):
The petitioner is before this Court being aggrieved by the award dated 13.10.2017 passed by the Central Government Industrial Tribunal, Bangalore in C.R.No.9/2013 at Annexure ‘B’, wherein it was held that the Tribunal has no jurisdiction to entertain the dispute, in the light of the judgment of the Apex Court in the case of Nashik Workers Union Vs. Hindustan Aeronautics Limited reported in (2016) 6 SCC 224.
2. The learned Counsels on both the sides admit that in W.P.No.52719/2017 where Hindustan Aeronautics Limited was the respondent, as in this case, it was held that the amendment to Section 2(a) of the Industrial Disputes Act, 1947, by Act 24 of 2010 which came into effect from 15.09.2010 was not brought to the notice of the Hon’ble Supreme Court. Section 2(a) of the I.D.Act, from the date of amendment, would provide that the CGIT has jurisdiction to entertain the matters pertaining to Public Sector Undertakings of the Central Government. Since it is an admitted fact that the respondent-HAL is a Public Sector undertaking of the Central Government, Section 2(a) of the I.D.Act, would repose jurisdiction with the CGIT and therefore, the impugned order requires to be set aside, while remanding the matter back to the CGIT for continuation of the matter from the stage where it was dismissed by the impugned order.
3. For the reasons stated above, the impugned order dated 13.10.2017 in C.R.No.09/2013 is set aside and the matter is remanded back to the CGIT, with a direction to continue the matter from the stage immediately before the application was dismissed.
4. The parties are directed to appear before the Central Government Industrial Tribunal, Bangalore on 25th February 2019.
SD/- JUDGE JT/- CT-HR