AIR INDIA Vs. B R AGE

JUDGEMENT

(1.) Civil Appeals Nos. 325 and 551 of 1981 are preferred against the judgment of a learned Single Judge of the Bombay High Court allowing the writ petition filed by respondents, B.R. Age, and others and quashing the directions given by the Central Government on July 23, 1975 to Air India to provide reservation for Scheduled Castes and Scheduled Tribes in the services under the Corporation. The directions were issued under Section 34(1) of the Air Corporations Act, 1953. The directions are very elaborate in nature, the sum and substance whereof is to provide reservations in the matter of appointments or posts under the Corporation. The respondents-writ petitioners contended before the Bombay High Court that the directions so given are ultra vires the powers of the Central Government, not being within the ambit of Section 34(1) of the said Act. They submitted that the said directions cannot also be justified with reference to Clause (4) of Article 16 of the Constitution inasmuch as before giving the said directions, the Central Government had not formed the requisite satisfaction that the members of Scheduled Castes and Scheduled Tribes are not adequately represented in the services under the Corporation. The learned Judge has quashed the directions only on the first ground. He did not go into the question whether the said directions are warranted by Clause (4) of Article 16 of the Constitution. Civil Appeal No. 325 of 1981 is preferred by Air India while Civil Appeal No. 551 of 1981 is preferred by the employee of Air India belonging to Scheduled Castes. The Union of India is supporting them in these appeals. Writ Petitions (C) Nos. 145-148 of 1980 are filed under Article 32 of the Constitution challenging the constitutional validity of the very same directions issued by the Central Government.

(2.) Section 34(1) of the Air Corporations Act reads thus:

(3.) It is true that Section 7 does set out the "functions of the Corporation" but it would be erroneous to think that the Corporation has no other functions except those specified in Section 7. The Air Corporations Act speaks of the functions, duties and powers of the Corporation but as we shall demonstrate presently, powers and functions are used as interchangeable expressions. Section 45 empowers the Corporation to make regulations not inconsistent with the Act or the rules made under Section 44 for the administration of the affairs of the Corporation and for carrying out its functions. Sub-section (2) of Section 45 specifies the matters with respect to which regulations can be made under the said section. Sub-section (2), insofar as it is relevant, reads thus: