INTERNATIONAL AIRPORTS AUTHORITY OF INDIA ENGINEERS ASSN Vs. INTERNATIONAL AIRPORTS AUTHORITY OF INDIA

JUDGEMENT

(1.) The appellant is an association of the employees in the International Airports authority of India. The appellant nos. 2 and 3 are employees of the respondent and are working as assistant engineers. The next promotional grade for assistant engineers on the engineering side is the post of executive engineers. To become eligible to be promoted as executive engineer an assistant engineer has to put in 8 years of service in the case of diploma holders and 5 years in the case of degree holders as assistant engineer. It appears that some of the assistant engineers who are members of the appellant- association have fulfilled the conditions and are empanelled for promotion as executive engineers.

(2.) The regulations have been framed under section 37 (2) (vi) of the International airport Authority of India Act, 1971. The regulations will not have effect unless approved by the central government and are published in the official gazette.

(3.) The respondent authority has not yet obtained the approval of the central government under these regulations and therefore, no rules have been framed under section 30 of the Act and as a result of which the respondent authority has been acting arbitrarily and there is no check on this power and this leads to unfair and discriminatory treatment to the employees. On this basis a writ petition was filed before the High Court.