CAPTAIN MADHAV PRALHAD JOGLEKAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner Captain Joglekar was serving as a pilot with the Indian Airlines Corporation (respondent No. 2). He achieved the rank of the Commander during the course of his service and was declared to be medically unit for flying since 4th October, 1971. Having contacted diabetes he lost his licence to fly the aircrafts and never got it back from the Director General of Civil Aviation. He did not report on duty, his leave upto 290 days was adjusted and he ceased to be in the service since 21st July, 1972. He was a member of registered trade union of the Commercial Pilots Indian Commercial Pilots Association (respondent No. 3). As a result of the agreement dated 31-10-1963, between respondent No. 2 and respondent No. 3 on many points including rehabilitation of the pilots declared medically unfit, he was entitled for an annuity at certain rates until the attainment of the age of 55. The basis of this annuity changed from time to time by mutual agreement. He started receiving annuity at the rates settled as per the agreement dated 9th September, 1972.

(2.) On 3rd August, 1981, there was a fresh agreement on the point between the 2nd and 3rd respondent in respect of the pilots declared medically unfit during the period from 1st April, 1978 to 31st October, 1978. Annuity became payable with effect from 1st November, 1980, only with no right to claim arrears for the period 1st April, 1978 to 31st October, 1980, as mentioned in Clause 3.2 of the said agreement. Clause 3.3. provided (i) that the annuity shall be payable to such pilots till the attainment of the age of 58 years or the date of the death whichever is earlier and (ii) that the benefit will be available only to those pilots who were declared unfit on 1st April, 1978, or afterwards. The latter part of this clause is challenged in this petition as being violative of Article 14 and 16 of the Constitution. It is claimed that the petitioner should continue to receive annuity benefit until the age of 58 as per the new agreement.

(3.) Certain undisputed positions may be noticed. The annuity benefit is provided only under the agreement entered into between the 2nd respondent and the 3rd respondent which is a representative body of commercial pilots. These agreements were entered into as a result of collective bargaining and in the spirit of give and take. The agreements deal with several other benefits, which are not uniformity available to all classes and different dates are fixed for different benefits. The petitioner had full liberty to engage in any avocation after 21st July, 1972, on which day he ceased to be in the service of the respondent No. 2 and also ceased to be a member of the respondent No. 3.