Delhi High Court - Orders
Air India Aircraft Engineers ... vs Ai Engineering Services Limited & Ors on 25 April, 2024
Author: Tushar Rao Gedela
Bench: Tushar Rao Gedela
$~1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 13093/2023
AIR INDIA AIRCRAFT ENGINEERS
ASSOCIATION ..... Petitioner
Through: Mr. Jay Savla, Sr. Advocate with Mr.
Sameer Kumar, Mr. Shahrukh
Ahmad, Mr. Mandeep and Ms. Soni
Sharma, Advocates
Versus
AI ENGINEERING SERVICES LIMITED
& ORS. ..... Respondents
Through: Dr. Lalit Bhasin with Nina Gupta,
Devvrat Tiwari and Ajay Pratap
Singh Advocates for R-1
Mr. Arjun Mahajan, SPC with Ms.
Neha Rai and Mr. Rishabh,
Advocates for R-3
Mr. Vivek Nagar, G.P.
CORAM:
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
ORDER
% 25.04.2024 (The proceeding has been conducted through Hybrid Mode)
1. This is a writ petition under Article 226 of the Constitution of India, 1950, seeking inter alia the following reliefs:-
"a. Issue a Writ of Mandamus or in the nature of Mandamus or any other appropriate writ, order or direction, to direct the Respondents to Implement Recommendation of Report of Negotiation Committee for Charter of Demand dated 31st Mar.2023 formed by Respondent No.1 and payment of all arrears thereof to petitioners present & past members (Retired & Serving)and to pay (all consequential enhanced payments W.P.(C) 13093/2023 1 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/05/2024 at 23:11:05 [including Variable Dearness Allowance (VDA), Provident Fund, Gratuity, Leave Encashment etc.] with interest at commercial rate till realisation;
b. Issue a Writ of Mandamus or in the nature of Mandamus or any other appropriate writ, order or direction, to direct the Respondents to Address and Decide theissues of Wage Revision from 2007 to 2016 as Per 2nd PRC, which could not be decided by Negotiation Committee for Charter of Demand dated 31st Mar.2023 formed by Respondent No.1, due to limited jurisdiction, and payment of all arrears arise thereof to petitioners present & past members (Retired & Serving)and to pay (all consequential enhanced payments [including Variable Dearness Allowance (VDA), Provident Fund, Gratuity, Leave Encashment etc.] with interest at commercial rate till realisation;
c. Issue a Writ of Mandamus or in the nature of Mandamus or any other appropriate writ, order or direction, to direct the Respondents to implement Interim Relief of Basic Pay Increment to 3% (Existing 1%), yearly and on promotion, on existing basic pay as on 1.1.2017 to petitioners present & past members (Retired & Serving) and to pay (all consequential enhanced payments [including Variable Dearness Allowance (VDA), Provident Fund, Gratuity, Leave Encashment etc.]) with interest at commercial rate till realisation;
d. Issue a Writ of Mandamus or in the nature of Mandamus or any other appropriate writ, order or direction, to direct the Respondents to apply, in respect of the Petitioner‟s members listed at ANNEXURE- P/ 14,w.e.f. 01.01.2012 the same methodology for calculation of Revised Basic Pay of Dy. Chief Aircraft Engineers in Grade E-5 of both erstwhile Air India Ltd. & Indian Airlines Ltd. as on 1.1.2012, and to accordingly change the Revised Basic Pay w.e.f. their respective dates of promotion to the said post (and to pay all consequential enhanced payments [including Variable Dearness Allowance (VDA), Provident Fund, Gratuity, Leave Encashment etc.]) with interest at commercial rate till realisation; e. Issue a Writ of Mandamus or in the nature of Mandamus or W.P.(C) 13093/2023 2 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/05/2024 at 23:11:05 any other appropriate writ, order or direction, to direct the Respondent No.1 to revise the calculation of the CTC of the Petitioner‟s members listed and proposed New RBP at ANNEXURE P/ 19 (to be computed from 01.01.2012 and financial benefits paid in the same manner as revised for the General Category of Officers pursuant to the Notice dated 17.05.2017 annexed above at ANNEXURE P/ 18, adjust the Personal Pay accordingly and to pay all consequential arrears of the same [including Variable Dearness Allowance (VDA), Provident Fund, Gratuity, Leave Encashment etc.]) with interest at commercial rate w.e.f. 31.12.2016 till realisation; f. Issue a Writ of Mandamus or in the nature of Mandamus or any other appropriate writ, order or direction, to direct the Respondents to treat, for the petitioners present & past members (Retired & Serving), the portion of the earlier Personal Pay (implemented in 01.02.2015 but with retrospective effect from 01.07.2012) as Basic Pay and not an allowance, wef. 01.07.2012 (and to pay all consequential enhanced payments [including Variable Dearness Allowance (VDA), Provident Fund, Gratuity, Leave Encashment etc.]) with interest at commercial rate till realisation; g. Issue a Writ of Mandamus or in the nature of Mandamus or any other appropriate writ, order or direction, to direct the Respondents to pay arrears of Discriminatory wage deductions from March 2020 to March 2022 in the name of Covid Cut/Economy Measures Cut, with interest at commercial rate till realisation;
h. Issue a Writ of Mandamus or in the nature of Mandamus or any other appropriate writ, order or direction, to direct the Respondents to pay arrears of DA & Provident Fund arises there from For the Period of Oct-20 to Dec.21 as per Honb‟le Supreme court vide judgment dated 08.02.2021 in Civil appeal No.399 of 2021, arising out of SLP(C) No.12553 of 2020, with interest at commercial rate till realization. i. Issue a writ of Mandamus directing the Respondents Nos. 1 & 2 to inform the Petitioner as to how they intend to continue the service conditions & facilities and pay/ make provision for of W.P.(C) 13093/2023 3 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/05/2024 at 23:11:05 the Petitioners‟ members after the disinvestment of the Respondent No.1 j. Issue a writ of Mandamus directing the Respondents Nos. 1 & 2 to furnish the Petitioners with a copy of those sections of the Share Purchase Agreement between the Government of India & Prospective Buyer of Respondent No.1 which deal with the employees of the Respondent No.1;
k. Issue a writ of Mandamus directing the Respondents Nos. 1 &2so that petitioners should be part of disinvestment process of Respondent No.1 l. For Interim and ad-interim reliefs in terms of prayer clause
(c) m. For such other and further reliefs as this Hon‟ble Court may deem fit;
n. For costs of this Petition."
2. Mr. Savla, learned senior counsel on instructions restricts his relief at prayer (a) of the petition, at present.
3. Mr. Savla, learned senior counsel appearing for the petitioner submits that by virtue of the Negotiation Committee's Report dated 24.02.2023 read with Annexure-A at page 412 of the present writ petition, some part of the Charter of Demands were accepted by the Committee and placed before the Competent Authority of the Government. Despite such report, the Competent Authority of Government have not yet implemented the same. Learned senior counsel appearing for the petitioner submits that even the Ministry of Civil Aviation, the nodal and the concerned ministry was also part of the said committee.
4. He submits that the dispute raised by the petitioner's association vide the letter dated 27.11.2017 in respect of similar W.P.(C) 13093/2023 4 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/05/2024 at 23:11:05 Charter of Demand is pending before the CGIT. However, the present issue of implementation of what has already been recommended by the newly constituted committee may not be required to be agitated before the CGIT inasmuch as the same only needs implementation by the Union of India.
5. Per contra, Dr. Bhasin, learned counsel appearing for the respondent submits that the said report has already placed by the Government of India, Ministry of Civil Aviation and is under consideration. That apart, he submits that a short affidavit challenging the maintainability of the present writ petition before this Court has also been filed which may be taken into consideration inasmuch as admittedly on the same Charter of Demand with respect to the period involved from 01.01.2007 to 31.12.2016 is already a subject matter of dispute before the CGIT. He also submits that in case the petitioners are seeking implementation of such report which is yet to be approved, the appropriate jurisdiction would be that of the CGIT which is already in seisin of the earlier dispute regarding the same charter of demand except that this committee's report is in respect of a different period.
6. After hearing the parties, this Court is of the considered opinion to issue notice limiting to filing a short affidavit of the respondent detailing the progress made by the Ministry of Civil Aviation in respect of the implementation of the report dated 24.02.2023.
7. The affidavit be filed within four weeks from today with an advance copy to learned counsel for the petitioner.
W.P.(C) 13093/2023 5This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/05/2024 at 23:11:05
8. List again on 05.08.2024.
TUSHAR RAO GEDELA, J APRIL 25, 2024/ms W.P.(C) 13093/2023 6 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/05/2024 at 23:11:05