VISHAL CAPOOR CAPT Vs. AIR INDIA LIMITED

JUDGEMENT

(1.) By this petition under Article 226 of the constitution OF INDIA, petitioners who are pilots challenge an order passed on 30th September, 2004, by the first respondent and further seek a writ of mandamus or any other appropriate writ, order or direction directing respondent Nos. 1 to 3 not to enforce the order dated 1st October, 2004, issued by general Manager-Operations (Administration) of the first respondent where- under command training has been offered to respondent Nos. 4 to 9. In substance, petitioners submit that they ought to have been sent for this command training as decided earlier by respondent Nos. 1 to 3 and the decision in that behalf is withdrawn illegally and arbitrarily in total disregard to the mandate of Articles 14 and 16 of the constitution OF INDIA.

(2.) When this matter was placed before us, our attention was invited by the learned Counsel appearing for both sides to an order dated 29th October, 2004, passed by a Division Bench of this Court (Dalveer Bhandari, C. J. and dr. Chandrachud, J. , directing that the petition be listed for final hearing. Mr. Cama, learned Senior Counsel appearing for petitioners as well as Shri naphade, learned Senior Counsel appearing for respondent Nos. 1 to 3 urged that the matter be disposed of finally at admission stage considering the con-troversy involved. The Counsel for respondent Nos. 4 to 9 have no objection to the same. We have acceded to this request made by learned Counsel appearing for parties. Since we have heard the matter at length, we proceed to dispose of the same finally with their consent. Hence, Rule. Returnable forthwith. Learned Counsel appearing for respondents waive service. They have already filed their replies and rejoinders.

(3.) Petitioners are employed as first Officers with the first respondent under separate contracts of employment. First respondent, Air India Ltd. , is a company owned T y Government of India. Second respondent is its Chairman and Managing Director. Respondent No. 3 is the General Manager-Operations (Administration) of first respondent.