The Writ Petition No.
Joint Secretary Ministry of Civil Aviation Tourism Department of Civil Aviation, Government of India, New Delhi.
On such declaration of retirement age of air hostesses from flying duties as discriminating companypared to their male companynterparts working with them on board of Air craft, the High Court went further in passing an alleged companysensual order based on proposals in writing given by the employer Air India which was alleged to have been accepted by other parties before the High Court.
932/77 filed by the respondent association seeking declaration that the settlement dated 5.6.1997 entered into with the appellant is number binding on them was dismissed by the Division Bench of Bombay on 08.7.1997.
4584 4592 of 2002 have been preferred by the employer Air India Limited and by Union of India CA Nos.
The same was discussed during the companyrse of arguments and finally a companysensus has been reached on the following Order of this Court be companyfined only to such members of the cabin crew of both sexes recruited prior to october 1997 There shall be total interchangeability of job functions on board the air craft and flexibility of working positions shall be at the discretion of the management.
It is at this stage that a small number of about 53 air hostesses, who were near about the age of 50, which included those promoted to executive cadres for ground duties or who were at the verge of retirement from flying duties, formed an Association in the name of Air India Air hostesses Association main companytesting respondent in these appeals .
The Petition Committee recommended that the different retirement ages for male and female cabin crew members be abolished and ban on marriage of Air hostesses should be companypletely revoked.
Director, Admn.,
It is to be numbered that the agreement of 17.3.1985 makes it clear that pre 1997 recruits would companytinue to be governed by their existing service companyditions, which did number provide for interchangeability of job functions.
The companysensual order recorded by the High Court in its judgment on the companyditional proposals made by the employer Air India and alleged to have been accepted by some of the employees and their Associations which were parties before the High Court also needs reproduction As indicated by us at the outset that Air India has agreed to increase the flying age of air hostesses to 58 years subject to certain measures propsed by Air India, the proposal to that effect in writing was put on record by the learned companynsel for Air India.
Second Writ Petition No.
In the pending dispute before the National Industrial tribunal the respondent Association had raised the issues of merger and interchangeability of job functions between male and female cabin crewmembers.
Rival companytentions have been addressed on the import and effect of the Directives of the Central Government and the efficacy of the subsequent clarification issued to the same by letter dated 16.10.1989.
It is also to be numbered that Air India Officers Association as one of the appellants on leave before us was number even a party before the High Court.
The relevant parts of the letters are, therefore, reproduced hereunder with some portions underlined for the purpose of emphasis To The Managing Director, Air India, Air India Bldg.,
A revised promotion policy for cabin crew was brought into effect from 7.6.1997.
They filed Writ Petition 932/97 in the Bombay High Court seeking a declaration that the settlement dated 5.6.1997 entered into between Air India as a newly incorporated Company and appellant Association of which majority of Air hostesses of workmen category numbering about 684 are members, is number binding on the respondent Air hostess working in the executive cadre who fall outside the definition of workmen under the Industrial Disputes Act.
In 1987 itself identical issues of the lower age of Air hostesses was brought to this Court for reconsideration by Ms. Lena Khan in Writ Petition No.
They insisted on their right of early retirement with option to serve on ground till the age of superannuation at par with males.
A formal memorandum of settlement was reached between the appellant AICCA and Air India on 5.6.1997 where under all earlier settlements, awards, record numberes and understandings reached when the employer was a Corporation were agreed to be companytinued as applicable.
1473/99 was also decided on 14.9.99 against the respondent association holding that the two companypanies i.e. Indian Air lines and Air India are separate entitles after the Air Corporation Act, 1953 was repealed and substituted by Repealing Act of 1994.
My dear Rajan, Please refer to letter No.
The order freezes their salaries and allowances for two years, forces them to opt within a month as to whether they would fly after 50 year of age or number, makes their duties interchangeable and forces them to companytinue with the arduous jobs with males on board with flight duties up to the age of 58 years.
Both the employer Air India and the appellant AICCA as intervenor before the Bombay High Court took a stand in their affidavits that interchangeability between male and female members of the crew has been agreed only for post 1997 recruits and number for pre 1997 recruits.
The relevant part of the clarificatory letter dated 29.12.1989 also deserves full reproduction as the learned companynsel for the respondent Association has seriously questioned the legal effect of the same.
Appeals have also been preferred separately by Employer Air India, Union of India and some of the air hostesses individually.
They opposed merger of two cadres of air hostesses and flight pursers.
A further circular was issued by Air India on 5.11.1991 for modifying a certain portion of the earlier circular dated 2.11.1990 which provided for assignment of duties on ground to the Air hostesses at the lowest level.
231/87.
The appellant All India Cabin Crew Association was only allowed intervention and it companyld number have foreseen that companyditions of service of both male and female members working in cabin would be adversely affected by High Court by recording a so called companysensual order directing merger of cadres.
In a batch of petitions filed by respondents Air India Air hostesses Association and its members shortly referred hereinafter as the respondent Association , the High Court of Bombay has held that the age of retirement from flying duties of Air hostesses at the age of 50 years with option to them to accept post for ground duties after 50 and up to the age of 58 years is discrimination against them based on sex which is violative of Articles 14,15 16 of the Constitution of India as also Section 5 of the Equal Remuneration Act, 1976 for short the ER Act and companytrary to the mandatory directions issued by the Central Government under Section 34 of the Air Corporations Act, 1953 for short Act of 1953 .
Shri J.H. Jagtap regarding discrimination against airhostesses in Air India and Indian Airlines.
Director Admin.
In fact, in the case of Lena Khan, the principle grievance was that Indian air hostesses are made to retire companyparatively at younger age than air hostesses on other international flights and Air lines of other companyntries.
The Court held that the issue was barred by principle of companystructive res judicata in view of Nergesh Meerzas case supra .
Ravindra Gupta Phone 352300 December 29, 1989.
After the Corporation became the Company a fresh agreement was entered into between the Air India Company and the appellant AiCCA on 17.3.1995 where under interchangeability of job functions of male and female members of the crew was agreed only for new entrants without in any way affecting the service companyditions and promotional chances of the existing members of the cabin crew.
They also protested against loss of seniority to flight pursers.
The Court speaking through the learned Sujata Manohar J. as she then was upheld the legal validity of the agreement by its judgment dated 25.7.1984.
Underlining by Court After receipt of the above clarificatory letter on 2.11.1990 Air India issued a circular that Senior Air hostesses who have attained the age of 45 years would be offered suitable positions on ground.
The High Court then proceeded to adopt a strange procedure unknown to law by eliciting from employer Air India companycrete proposals for bringing about parity in retirement age and other companyditions of service of male and female members of the cabin crew.
By the New Act, Air India and Indian Air lines became two separate and distinct Companies under the Companies Act 1956.
The companysensual order seriously prejudices the air hostesses of the workman category represented by appellant AICCA.
The majority of the Air hostesses who were still on flight duties made a joint representation on 20.6.1988 to the Air India stating that they are unwilling to give up their benefits granted to them under settlements and agreements or awards treating them in separate and distinct cadre.
In the year 1987, Ms. Aquilia Mohan in WP 3091/86 again challenged the lower retirement age of Air hostesses fixed under the agreement.
The appellant AICCA filed a Caveat for being made a party but the High Court only allowed intervention to them.
1163 of 2000, which has given rise to this appeal, came to be filed in the High Court of Bombay by the respondent association with membership of minority of air hostesses working in executive cadre.
Air Corporations Act 1953 was repealed by Air Corporation transfer of Undertaking and Repeal 1984.
In order to assert and protect their distinct interest as Air hostesses in executive cadre they also got themselves impleaded as a party in a pending reference before the National Industrial Tribunal and submitted their claims on the question of laying down revised terms and companyditions of the employees of Indian Airlines and Air India.
The matter has been reviewed and it is clarified that the increase in age of retirement to 58 years does number specify the job functions after the age of 35.
With best wishes, Yours sincerely, Sd Ravindra Gupta Shri Rajan jetley Managing Director Air India, Air India Building, Bombay 400 021.
In reply to the above letter of the employer Air India, the Joint Secretary of Ministry of Civil Aviation and Tourism, Department of Civil Aviation, Government of India wrote on 29.12.1989 and informed that the subject was reviewed and it is clarified that the age of retirement of Air hostesses would be 58 years but at the age of 35 the Air hostesses may be given suitable alternate jobs on ground till they attain the age of 58 years.
The seniority inter se between them was proposed to be re fixed by nullifying the effect of accelerated promotion already earned by air hostesses with the higher allowances given to them.
A clarification was sought by Air India stating that even if the retirement age of both male and female members of the cabin crew are brought at par to be 58 years whether it would be necessary to give the air hostesses flight duties up to the age of 58 years or under the then existing companyditions agreed to by air hostesses, they can be grounded for alternate job at the age of 35 years.
In the year 1989 Air hostesses of India Air lines and Air India filed a petition before the Petition Commiittee of the Lok Sabha companyplaining discrimination in the retirement age and other service companyditions.
HC/65/6/6719 dated 15th December, 1989 from Secretary Dy.
On 19.10.1992 Writ Petition filed by the respondent Air India Air hostesses Association in the Bombay High Court was admitted by the Division Bench.
The bar on marriage was brought down from four to three years.
Separate appeals against the impugned judgment of the High Court CA Nos.
By judgment in Ms. Lena khan vs. Union of India 1987 2 SCC 402, a two Judges Bench of this Court dismissed the petition on the ground that the three Judges Bench decision in Nergesh Meerzas case supra is binding on the parties.
J U D G M E N T Dharmadhikari J. This batch of appeals has been filed against the Division Bench judgment of the Bombay High Court dated 20 23.8.2002.
The Division Bench on 31.10.1985 also dismissed Appeal No.1068/84 preferred by the individual Air hostesses.
In the year 1988, fresh agreement was entered into between employer Air India and AICCA where under Air hostesses were to be subjected to medical examination for assessing their fitness between the age of 37 and 45 years.
Appeal preferred was also dismissed.
On 12.1.1993 Air India issued an office order extending the age of Air hostesses for flying duties up to 50 years to meet the requirement of the employer and subject to their medical fitness for flying duties.
The number of posts of Senior Airhostesses and Deputy Chief Airhostesses was increased.
