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2.6 On 25th December 1990, letters were issued to the overweight Cabin Crew including the appellant in LPA No.1052/2007 advising them for a medical check. The LPA Nos.1050/2007, 1052/2007, 1049/2007, 1045/2007 appellant in LPA No.1052/2007 was found overweight by 4.5kg.
2.7 On 17th September 1991, a revised height-weight chart was issued by Indian Airlines. It further provided that 10% grace allowed in 1987 was no longer in existence. 2.8 On 16th October 1991, a circular was issued by Indian Airlines to the effect that all overweight and underweight personnel must come within the prescribed limit by 31st December 1991.
2.9 On 6th June 1996, another circular was issued by Indian Airlines to the effect that overweight Cabin Crew shall be taken off flying duties and treated as on leave or leave without pay. The circular further provided for additional grace limit of 10 kg. This was followed by circulars dated 12th August 1998, 13th November 1998, 20th May 1999, 9/10 August 1999, 3rd January 2000 and 31st October 2000 by which the limits of relaxation of overweight were provided.

6.3 While on the one hand, there has been much debate about skinny bodies vis-à-vis healthy bodies, on the other hand when there is a discussion about overweight people, there is no scope for any debate. It is universally accepted that overweight people have tendency to suffer from many diseases. Common among them are diabetes, hyper- tension, heart disease, arthritis, high blood cholesterol, emotional sleep apnea etc. Medical and psychological research also suggests that it may lead to emotional/psychological illness. Last mentioned illness may assume some significance in the context of Air Hostesses. Statistics reveal that overweight persons face constant challenges to their emotions which include remarks from strangers, discrimination at work, lower self- esteem and poor body image. All this may lead to anxiety and depression. Therefore, a particular cabin crew/Air Hostess, who is much overweight, is at risk when he/she would perform duties along with his/her other colleagues who are physically fit. Peer pressure can take his/her toll, psychologically.

7 It was next contended that grounding of Air Hostess/cabin crew on the ground of overweight is without any authority or provision of law inasmuch as, service Regulations do not provide grounding of Air Hostess. However, as we have already pointed out above, the contractual term gives much wider power to the respondent, namely, even to terminate the services of those cabin crew who do not meet the prescribed weight limits. Though as per the said clause even the services can be terminated, but instead of taking this extreme step the Airline only wants that such LPA Nos.1050/2007, 1052/2007, 1049/2007, 1045/2007 Air Hostesses who do not maintain the weight within the prescribed limits should bring their weight within the range of minimum and maximum weight laid down by the Airlines. Therefore, notwithstanding the rigour of clause 9, the Airlines does not want extreme step to be taken but wants to give a chance to such Air Hostesses to gain some weight if it is below the minimum weight (though no such case is pointed out) and reduce the weight if their weight exceeds the maximum limit prescribed. The raison d‟etre and rationale for providing this course of action rather than terminating the services is justified. The extreme action is not required inasmuch as, it is not impossible to bring the weight within the prescribed limits by necessary physical exercises and following proper diet regime. Therefore, the „disability‟ because of the overweight etc. would be of temporary nature and not permanent and thus, the air crew is grounded during the period of such "disability" alone. If the respondents have such a wide power and could take an extreme action of termination of services of the overweight Air Hostess, we do not understand as to why the appellants should feel aggrieved by such an order which merely results in grounding of Air LPA Nos.1050/2007, 1052/2007, 1049/2007, 1045/2007 Hostesses temporarily for the period for which they are not within the prescribed weight limits.