SHEELA JOSHI Vs. INDIAN AIRLINES LTD

JUDGEMENT

(1.) The Air Hostesses in the employment of Indian Airlines are supposed to maintain their body weight within limits prescribed in the weight charts issued from time to time. The petitioners having busted those charts have been grounded and have been told that till such time they knock off the extra weight they will be treated on leave if there is any to their credit or otherwise on "leave without pay". The petitioners say that this order is unreasonable, unfair, without sanction of law and allege that it is contrary to the Indian Airlines Employees Service Regulations. They also view it as an affront to their dignity, honour and womanhood.

(2.) The respondent feels differently. It says that the job profile of the Air Hostesses is such that it requires of them to maintain certain standard of weight. Keeping that in view their weight was made a condition of their appointment and the order issued are not only in consonance with the terms of their appointment but have also been necessitated to meet the challenges of a competitive market in the air traffic business of which hospitality is an integral part. As per the Airlines the directions requiring the Air Hostesses to maintain body weight standards have been in place since long and having been accepted, any challenge to the same now is not only belated but unwarranted. Having provided a bird"s eye view of the issue involved let me proceed with the details.

(3.) The petitioners have preferred four writ petitions. Since a common question has been raised in all the petitions, Writ Petition No. 12875-83 of 2006 filed by Ms. Sheila Joshi and others shall be treated as the lead case. The petitioners have been working as Cabin crew with the Indian Airlines Ltd. since 1982 in the Inflight Service Department except petitioner in writ petition (C) No. 17318/06 who is working in the Southern Region. Initially they were offered appointments as Trainee Air Hostesses on certain terms and conditions of which clauses 8 and 9 are important. They read as under :-