AIRLINES TRAFFIC EMPLOYEES ASSOCIATION Vs. INDIAN AIRLINES LIMITED

JUDGEMENT

(1.) Petitioner No.1 is registered trade union representing the cause of Petitioners No,2 to 39 who are employees of Indian Airlines (Respondents No.1 and 2). For convenience, the aggrieved Petitioners No.2 to 39 are collectively referred to as the Petitioners. Respondents No.3 to 18 are employees of Indian Airlines who have been appointed to the post of Assistant Manager (Commercial). The Petitioners have challenged their appointment through a writ petition under Article 226 of the Constitution.

(2.) On 18th April, 1995, Indian Airlines issued a staff employment notice inviting applications from its employees for appointment to the post of Assistant Manager (Commercial). It was stated that there were 38 vacancies, the break-up being 29 in the general category, 6 reserved for the Scheduled Castes and 3 reserved for the Scheduled Tribes. The qualifications and experience for appointment as Assistant Manager (Commercial)were mentioned in the notice and eligible employees were asked to give their applications as per the prescribed format.

(3.) The Petitioners submitted their applications, except Petitioner No.2 who, it appears, did not receive a circular extending the last date for submitting applications and, therefore, did not apply. The facts peculiar to Petitioner No.2, however, make no material difference in so far as the decision of the present case is concerned.