AIR INDIA EMPLOYEES GUILD Vs. AIR INDIA LTD

JUDGEMENT

(1.) RULE. Respondents waive service. By consent, petition is taken up for final hearing.

(2.) THE petitioner Air India Employees guild, ('aieg' for short) is a trade union registered under the Trade Unions Act, 1926 and it is also a recognised union for Air India ltd. under the Code of Discipline. A memorandum of Settlement was arrived at; under Section 12 (3) read with Section 18 (3) of the Industrial Disputes Act, 1947 on September 2, 1999 before the Asst. Commissioner of labour (Central) Mumbai between the representatives of the petitioner and Air India ltd. Under the said settlement it was agreed that 0. 5% of the basic pay of all the employees covered by the AIEG be deducted from the salary and the amount so deducted by the management be handed over directly to the; families of the deceased employees every month by account payee cheque issued in their names. Pursuant to this settlement the management of Air India is making deductions from the wages of the employees in terms of; the settlement. It seems that another union of workers viz. Air India Employees Union complained against the deductions made by the management from the wages of the employees to respondent No. 3 viz Chief; labour Commissioner (C), Government of india who addressed the letter dated October 9, 2000 to the Managing Director of the Air india objecting to the deductions from salary of the employees. In that letter it was; observed that such deductions from the'salary of the workmen without their consent are not authorised deductions in law. Relying upon this letter the management of Air India has to stop the deductions and therefore the petitioners have approached this Court by filing the present writ petition under Article 226.

(3.) WE have heard Mr. Shetty for the petitioners, Mr. C. U. Singh for Air India and mr. Mehta for respondent nos. 2 and 3.