M/S. Hmt Machine Tools Ltd vs Mr. R. N. Lakshminarasimha
2023 Latest Caselaw 3570 Kant

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                                                NC: 2023:KHC:21404-DB
                                                       WA No. 49 of 2023




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 21ST DAY OF JUNE, 2023

                                       PRESENT
                   THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE
                                         AND
                         THE HON'BLE MR JUSTICE M.G.S. KAMAL
                          WRIT APPEAL NO. 49 OF 2023 (S-RES)


               BETWEEN:



               1.    M/S. HMT MACHINE TOOLS LTD.,
                     BANGALORE COMPLEX, JALAHALLI
                     P O, BANGALORE-560 013
                     REPRESENTED BY ITS
                     GENERAL TECHNICAL MANAGER
                     MR. VIJAYA PRAKASH C.S.

               2.    GENERAL MANAGER
                     HMT MACHINE TOOLS LTD.,
Digitally signed     BANGALORE COMPLEX
by SUMA B N          JALAHALLI P O.,
Location: High       BANGALORE-560 013
Court of             REPRESENTED BY
Karnataka
                     THE GENERAL TECHNICAL MANAGER
                     MR VIJAYA PRAKASH C.S.,

               3.    GENERAL MANAGER (O AND M )
                     MACHINE TOOL DIRECTORATE
                     HMT MACHINE TOOLS LTD.,
                     BELLARY ROAD
                     BANGALORE-560 032
                     REPRESENTED BY
                           -2-
                                NC: 2023:KHC:21404-DB
                                       WA No. 49 of 2023




     THE GENERAL TECHNICAL MANAGER
     MR VIJAYA PRAKASH C S.,

                                           ...APPELLANTS
(BY SRI. RAYAPPA Y HADAGALI.,ADVOCATE)

AND:

1.   MR. R.N. LAKSHMINARASIMHA
     S/O LATE B. NARASAIAH
     AGED ABOUT 63 YEARS
     R/AT NO.895
     16TH MAIN, 3RD BLOCK
     RAJAJINAGAR
     BANGALORE-560 010.

2.   UNION OF INDIA
     REPRESENTED BY THE SECRETARY,
     MINISTRY OF HEAVY INDUSTRIES,
     UDYOG BHAVAN,
     NEW DELHI-110011

     DETECTED AS PER THE ORDER DATED:21.06.2023

                                         ...RESPONDENTS
(BY SRI. BHARGAVA D. BHAT, ADVOCATE FOR C/R1
     R2 DELTED V/O DATED:21.06.2023)

      THIS WRIT APPEAL FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE
COMMON ORDER DATED 31.10.2022 PASSED BY THE LEARNED
SINGLE JUDGE OF THIS HON'BLE COURT IN WP BEARING
No-1905/2022 (S-RES) , WP No-2386/2022, WP No-2926/2022
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                                    NC: 2023:KHC:21404-DB
                                           WA No. 49 of 2023




AND WP No-3861/2022 (S-RES) AND DISMISS THE SAID WP.
AND ETC.

     THIS APPEAL COMING ON FOR PRELIMINARY HEARING,

THIS DAY, CHIEF JUSTICE., DELIVERED THE FOLLOWING:


                         JUDGMENT

Heard learned counsel for the appellants.

2. As we find that the view taken by the learned

Single Judge is only justified on the facts as well as on the

principles of law, we are not inclined to entertain the

appeal. At this stage, learned counsel for the appellants

submits that as the company was facing financial difficulty

and now certain steps have been taken by the Company,

the period for complying the order of the learned Single

Judge, particularly, the direction in clause (b) of the order

be extended for some reasonable time.

3. As the company undergoing loss and subjected

to financial difficulty, only to give a fair opportunity to the

appellants, we deem it appropriate to modify the order of

the learned Single Judge, particularly, direction in clause

NC: 2023:KHC:21404-DB WA No. 49 of 2023

(b) by extending the period. As such, the appellants are

directed to make payment of admissible earned leave

encashment benefit to the petitioners within four months

from today.

With these modification/direction, the appeal is

dismissed.

Sd/-

CHIEF JUSTICE

Sd/-

JUDGE

RU