SHIREEN DUBASH (MS.) Vs. AIR INDIA LTD.

JUDGEMENT

(1.) PETITIONER has filed this petition under Article 226 of the Constitution of India, seeking appropriate writ, order or direction directing respondents to pay to the Petitioner a sum of Rs. 6,97,834/ - with interest.

(2.) THE petitioner, therefore, filed Contempt Petition No. 30 of 1998 alleging that following allowances were not paid by the respondents: - -

(3.) RESPONDENTS filed their detailed affidavit -in -reply. In the reply, respondent have contended that the petitioner has been paid all admissible allowances during the period of her suspension in accordance with the Rules and Regulations applicable tote in terms of the order dated 16.7.1998 passed by this Court. Respondents have furnished details of the amount which was paid to the petitioner. Respondents have further contended that the allowances pertaining to layover meal allowance and supplementary layover meal allowance are not admissible allowances payable to the petitioner. It is contended that these allowances are paid to the Cabin Crew as reimbursement to sustain themselves at Lay -over Station and since the petitioner had not undertaken flying duties during the period of her suspension, the question of paying the said allowances does not arise in her case. It is contended that even though the respondents were not directed to pay the hourly payment to the petitioner during her suspension period, Respondents still paid her the said allowances on the basis of average flying hours as paid in the case of Sr. Check Airhostesses It is further contended that against the order passed by the learned Single Judge dated 16.7.1998, respondents have filed an appeal which is admitted and is pending for hearing and final disposal. It is then contended that written representation which was made by the petitioner dated 16.4.2002 to the Managing Director as well as to the Director In -Flight Service Department of the respondents was carefully examined and the petitioner was informed by letter dated 29.11.2002, setting out the reasons for not being entitled to the allowances churned by her in her said representation dated 16.4.2002.