NARESH KUMAR BERI Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners before this Court were permanently employed and rendered service as commanders and co-pilots with the second respondent Air India Limited[AIL]. Post their superannuation, they were appointed on contractual terms. They have approached this Court assailing the validity of the orders dtd. 2/4/2020 and 7/8/2020. In terms of the first order, AIL considering the outbreak of COVID-19 and its impact on operations of airlines worldwide, had proceeded to place their engagement on contractual terms under temporary suspension. By the subsequent order of 7/8/2020, AIL apprised the petitioners that in view of the prevailing scenario in the civil aviation sector, a decision had been taken to discontinue their contractual engagement.

(2.) Mr. Nayar, learned Senior Counsel appearing for AIL, has taken a preliminary objection to the maintainability of the writ petition and submits that the writ petition would not lie since the terms of engagement of the petitioners was not governed by any statutory provisions. Learned Senior Counsel contended that since the engagement of the petitioners was governed by a mere contract of service, a writ petition either for its enforcement or alleged violation of its terms would not be maintainable. Mr. Nayar has in this regard placed reliance upon the following principles as laid down by the Allahabad High Court in Ram Niwas Sharma vs. Union of India and Others,2020 SCC OnLine All 205. :-

(3.) Mr. Nayar further contended that undisputedly and as things stand presently, AIL as a result of the disinvestment process which was initiated by the Union Government, has clearly ceased to be a public body against which a writ petition would be maintainable. Learned Senior Counsel submitted that originally, AIL was a statutory body which came to be constituted as such under the provisions of the Air Corporations Act, 1953. Post its repeal and in terms of the provisions of the Air Corporations (Transfer of Undertakings and Repeal) Act, 1994, it became a wholly owned Government company. That position subsisted till it was ultimately privatised in light of the policy decision taken by the Union Government.