Supreme Court - Daily Orders
Gujarat Mazdoor Panchayat vs Indian Airlines Limited on 19 January, 2016
Bench: Ranjan Gogoi, Prafulla C. Pant
ITEM NO.1 COURT NO.7 SECTION XV
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
PETITION(S) FOR SPECIAL LEAVE TO APPEAL (C) NO(S). 13361/2010
(ARISING OUT OF IMPUGNED FINAL JUDGMENT AND ORDER DATED 22/01/2010
IN LPA NO. 1785/2009 IN SCA NO. 290/2003 PASSED BY THE HIGH COURT
OF GUJARAT AT AHMEDABAD)
GUJARAT MAZDOOR PANCHAYAT PETITIONER(S)
VERSUS
INDIAN AIRLINES LIMITED RESPONDENT(S)
[WITH APPLN.(S) FOR PERMISSION TO FILE ADDITIOINAL DOCUMENTS AND
INTERIM RELIEF AND OFFICE REPORT]
(FOR FINAL DISPOSAL)
Date : 19/01/2016 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE RANJAN GOGOI
HON'BLE MR. JUSTICE PRAFULLA C. PANT
For Petitioner(s) Mr. Chinmoy Khaladkar, Adv.
Mr. Vimal Chandra S. Dave, Adv.
For Respondent(s) Mr. Mukul Rohatgi, AG
Mr. M.N. Krishnamani, Sr. Adv.
Dr. Lalit Bhasin, Adv.
Ms. Nina Gupta, Adv.
Ms. Ratna D. Dhingra, Adv.
Mr. Mudit Sharma, Adv.
Ms. Bina Gupta, Adv.
Mr. Parvez A. Khan, Adv.
UPON hearing the counsel the Court made the following
O R D E R
Permission to file additional documents is granted. Pursuant to the order of this Court dated 13 th January, 2016, a detailed affidavit has been filed on Signature Not Verified behalf of the respondent – Indian Airlines Limited (Air Digitally signed by Vinod Lakhina Date: 2016.01.19 16:59:36 IST Reason: Page No.1 of 3 India). While it will not be necessary to delve into the detailed facts and circumstances set out in the said affidavit, suffice it will be to notice that as on date it is claimed that as against 4500 sanctioned posts in Air India in different categories there are almost 12000 employees who are working . The policy of ban on recruitment which is stated to be in force, is required to be viewed in this context as explained by the learned Attorney General for India who has also submitted that as and when vacancies arise due to death or retirement, as may be, the same are not being filled up. Over and above the excess appointments, as noticed above, there are nearly 4700 casual employees in Air India and its subsidiaries. It is stated by the learned Attorney General for India that about half of these number of casual employees are given work on a rotational basis and whenever there is increase in traffic i.e. Chartered Flights, Special Haj Flights, etc. such casual employees are offered employment on more number of days.
Be that as it may, in the teeth of the facts stated in the aforesaid affidavit and taking into account the reasoning adopted by the High Court in interfering with the award of regularization as made by the learned labour Page No.2 of 3 Court, we are of the view that the present would not be a fit case for interference so as to sustain the said award of regularization passed by the learned labour Court. The Special Leave Petition, therefore, is not entertained any further and is dismissed accordingly.
[VINOD LAKHINA] [ASHA SONI]
COURT MASTER COURT MASTER
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