AIR INDIA LIMITED Vs. NERGESH MEERZA

JUDGEMENT

(1.) TRANSFERRED case No. 3 of 1981 and the writ petitions filed by the petitioners raise common constitutional and legal questions and we propose to decide all these cases by one common judgment. So far as TRANSFERRED Case No. 3/81 is concerned, it arises out of writ petition No. 1186/1980 filed by Nergesh Meerza and Ors. Respondent No. 1 ( Air India) moved this Court for transfer of the writ petition filed by the petitioners, Nergesh Meerza and Ors. In the Bombay High Court because the Constitutional validity of Regulation 46 (i) (c) of Air India Employees Service Regulations') (hereinafter referred to as 'A. I. Regulation) and other questions of law were involved. Another ground taken by the applicant-Air India in the transfer petition was that other writ petions filed by the Air Hostesses employed by the Indian Airlines Corporation (hereinafter referred to as "I. A. C.") which were pending hearing in this Court invalved almost identical reliefs. After hearing the transfer petition this Court by its Order dated 21-1-81 allowed the petition and directed that the transfer petition arising out of writ petition No. 1186/80 pending before the Bombay High Court be transferred to this Court. By a later Order dated 23-3-1981 this Court directed that the TRANSFERRED case may be heard along with other writ petitions. Hence, all these matters have been placed before us for hearing. For the purpose of brevity, the various petitionts, orders, rules, etc. shall be referred to as follows:-

(2.) BEFORE dealing with the facts of the case and the central constitutional cantroversies and substantial points of law involved in these petitions, it may be necessary to give a brief survey of the history which led to the formation of the two Corporations. viz., A. I. and I. A. C.

(3.) IN fact, the main issue canvassed before the Khosla Tribunal centred round the question of the age of retirement of the AHs and matters connected therewith. A perusal of the Khosla Award shows that the parties entered into a settlement with respect to all other disputes excepting the retirement benefits on which the Tribunal had to give its award. IN para 252 of the Award the dispute regarding the retirement age is mentioned thus :-