Delhi High Court - Orders
Air India Aircraft Engineers ... vs Ai Engineering Services Limited & Ors on 6 October, 2023
Author: Chandra Dhari Singh
Bench: Chandra Dhari Singh
$~70
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 13093/2023
AIR INDIA AIRCRAFT ENGINEERS ASSOCIATION..... Petitioner
Through: Mr.Amit Kumar, Sr. Advocate,
Mr.Sameer Kumar, Mr.Shah Rukh
Ahmad, Mr.Mandeep Baisala and
Mr.Ritik Dwivedi, Advocates
versus
AI ENGINEERING SERVICES LIMITED & ORS. ..... Respondents
Through: Dr.Lalit Bhasin, Ms.Nina Gupta, Ms.
Ananya Marwah and Mr.Ajay Pratap
Singh, Advocates for R-1
Mr. Arjun Mahajan, SPC for UOI
with Ms. Neha Rai, Mr.Vivek Nagar
and Mr.Mohit K. Auluck, Advocates
for R-3/UOI
CORAM:
HON'BLE MR. JUSTICE CHANDRA DHARI SINGH
ORDER
% 06.10.2023 CM APPL. 51683/2023 & CM APPL. 51726/2023 (Exemptions) Exemptions allowed subject to just exceptions. The applications stand disposed of.
W.P.(C) 13093/2023
1. The instant writ petition under Articles 226 and 227 of the Constitution of India has been filed on behalf of petitioner seeking the following relief:-
"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 31 st 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 09/10/2023 at 22:10:07 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 [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 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 09/10/2023 at 22:10:07 (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 any other appropriate writ, order or direction, to direct the Respondent No.1 to revise the calculation of the CTC of the Petitione'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 Hon'ble 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 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 09/10/2023 at 22:10:08 & 2 to inform the Petitioner as to how they intend to continue the service conditions & facilities and pay/ make provision for of 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 &2 so 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. Heard.
3. Learned counsel appearing on behalf of respondents appeared on advance notice. He vehemently opposed the instant petition on the ground of maintainability and prayed for some time to file a short affidavit in this regard.
4. Let a short affidavit on the ground of maintainability be filed within ten days from today.
5. List on 2nd November, 2023.
CHANDRA DHARI SINGH, J OCTOBER 6, 2023 Dy/ds Click here to check corrigendum, if any 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 09/10/2023 at 22:10:08