Case Details: Management of Mahindra Aerostructures (P.) Ltd. vs. Principal Secretary/Deputy Special Officer - [2025] 178 taxmann.com 540 (HC-Karnataka)
Judiciary and Counsel Details
- Anant Ramanath Hegde, J.
- Prashanth B.K., Adv. for the Petitioner.
- M. Rajkumar, AGA & Smt. Avani Chokshi, Adv. for the Respondent.
Facts of the Case
In the instant case, the petitioner/management challenged the impugned order on the ground that the Government, without granting an opportunity of hearing, issued an interim order directing management to pay workers Rs. 6,000 per month as interim wages.
It was noted that, when passing the impugned order, the State Government had not heard management, thereby violating the principles of natural justice. Consequently, the interim order, which had civil consequences, could not have been passed without hearing management.
Further, in addition to that, when the impugned interim order was passed, the matter was already pending consideration before the Labour Court/Industrial Tribunal. Hence, the Government could not have passed the interim order at all.
High Court Held
The High Court held that though the Government contends that the petition has become infructuous on the premise that six months have elapsed since the impugned interim order and its life span is only six months, what is required to be noticed is the operation of the impugned interim order is stayed by this Court as such, it cannot be said, the petition has become infructuous. Since, this Court has already noticed that the impugned interim order is untenable, the same has to be set aside and accordingly, set aside.
List of Cases Reviewed
- State of Karnataka v. BPL Group of Companies 2002 taxmann.com 4363 (Karnataka) (para 13) followed.
List of Cases Referred to
- State of Karnataka v. BPL Group of Companies 2002 taxmann.com 4363 (Karnataka) (para 3).
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