INDIAN AIRLINES Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner-Indian Airlines was initially incorporated as a corporation under the Air Corporations Act, 1953 (hereinafter referred to as the Air Act, for short).

(2.) Under Section 45 of the Air Act, the petitioner had framed regulations relating to terms and conditions of service of its officers and its employees.

(3.) As per the writ petition in and around 1978, the Regional Labour Commissioner (Central) wrote to the petitioner about its intention to proceed with certification proceedings under the Industrial Employees (Standing Orders) Act, 1946 (hereinafter referred to as the Standing Orders Act, for short) in respect of the service regulations made by the petitioner. This was objected to by the petitioner on the ground that the Standing Orders Act was not applicable to it. The Regional Labour Commissioner (Central) as certifying authority under the Standing Orders Act overruled this and other objections in its order dated 24th June,1980 and held that the petitioner was required to get the service regulations certified under the standing orders Act and on failure to do so, the petitioner would render itself liable for penal action. This order dated 24th June, 1980 was amended by a subsequent Order dated 4th July, 1980 and the certifying authority gave its findings on various Clauses on the service regulations made by the petitioner.