AIR INDIA CABIN CREW ASSOCIATION Vs. AIR INDIA

JUDGEMENT

(1.) This petition questions the legality and validity of the action taken by the respondent Air India reducing with effect from Flight AL-115 of 4th January, 1981 the cabin crew complement on its B-747 flights from its pre-existing total of nineteen members to eighteen members, vide circular dated 3rd January, 1981 (Exhibit D to the petition).

(2.) Hearing in extenso the rival submissions of the respective Counsel and going through the petition reply and rejoinders as also the reported and unreported judgments cited before me, I am of the view that this is not a case warranting interference under Article 226 of the Constitution. Indeed, grant of any relief therein is be set with many difficulties.

(3.) At the outset and as rightly urged on behalf of the respondent Air India the question of deployment and or reduction of cabin crew complement as also the matter of standard force and or pattern of crew scheduling are matters essentially and basically partaking the character of management functions. It is not a matter of industrial adjudication. Though effort was made to challenge this position, the same by now stands beyond the pale of controversy not only by virtue of awards and settlements under the Industrial Disputes Act (hereinafter the Act) but also by binding decisions of this Court. Mr. Justice Khoslas award dated 10th February, 1966 held that.".......... the final determination of the standard force must rest with the management". Mr. Justice Mahesh Chandras subsequent Award dated 25th February, 1972 published in the Central Government Gazette on 25th March, 1972-extract whereof appears at Exhibit A to the petition-specifically reiterates the aforesaid position. Way, even the settlement dated 6th October, 1972 which took place during the pendency in the Supreme Court of two special leave petitions (one by the Union and the other by the management)-challenging Mr. Justice Mahesh Chandras Award-extract whereof is annexed at Exhibit B to the petition-also categorically states :