AIRLINE ALLIED SERVICES LTD Vs. SALOME SINGSIT

JUDGEMENT

(1.) BY means of this Letters Patent Appeal under Clause 10 of the Letters Patent Appeal Act, the appellant impugnes judgment dated 03.7.2012 rendered by the learned Single Judge in Writ Petition (Civil) No.1416/2011 filed by the respondent herein. The respondent No.1 was appointed to the post of Cabin Crew in the Operation Department in the year 1996. This contractual period was renewed from time to time and the last renewal was upto 31.12.2012. The appellant, however, passed order dated 27.12.2010 deciding not to renew her Fixed Term Employment Agreement [hereinafter referred to as ,,FTEA] beyond 31.12.2010, which resulted in discontinuation of her services. The main reason for not doing so was that the respondent was not able to maintain her weight within the permissible range/limit and having regard to the guidelines on the subject, she was not in a position to perform the duties of Cabin Crew for which she was appointed on fixed term basis.

(2.) SHE filed the aforesaid petition challenging the validity of the orders dated 27.12.2010. The learned Single Judge has, inter alia, noted that the weight problem suffered by the respondent was due to her pregnancy, which became complicated and had to be terminated for which she had to undergo repeated surgeries. Therefore, the appellant should have adopted humane approach and, thus, following directions are given to the impugned judgment:

(3.) THE respondent No.1 worked with the appellant No.1 for 137 days on ,,ground duties. THE FTEA was last amended/extended by the letter dated 30.9.2010 by mutual consent of the appellant and the respondent No.1 for a period of three months. On 27.12.2010, the appellant No.1 informed the respondent No.1 its decision not to renew the FTEA beyond 31.12.2010.