AIR INDIA CABIN CREW ASSOCIATION Vs. YESHAWINEE MERCHANT

JUDGEMENT

(1.) This batch of appeals has been filed against the Division Bench judgment of the Bombay High Court dated 20/23-8-2002.

(2.) In a batch of petitions filed by respondents-Air India Air Hostesses Association and its members (shortly referred hereinafter as the respondent-Association), the High Court of Bombay has held that the age of retirement from flying duties of Air Hostesses at the age of 50 years with option to them to accept post for ground duties after 50 and up to the age of 58 years is discrimination against them based on sex which is violative of Arts. 14, 15 and 16 of the Constitution of India as also S. 5 of the Equal Remuneration Act, 1976 (for short the ER Act) and contrary to the mandatory directions issued by the Central Government under S. 34 of the Air Corporations Act, 1953 (for short Act of 1953).

(3.) On such declaration of retirement age of air hostesses from flying duties as discriminating compared to their male counterparts working with them on board of Air craft, the High Court went further in passing an alleged consensual order based on proposals in writing given by the employer-Air India which was alleged to have been accepted by other parties before the High Court. The operative part of the impugned judgment of Bombay High Court by which several reliefs were granted to the respondent association, needs reproduction:-