KAREPARAMBIL THEYYAN LAKSHMANAN & ORS. Vs. AIR INDIA

JUDGEMENT

(1.) The facts of this petition would disclose how cantankerous employees on their retirement can defeat the beneficial facilities given to the retiring employees and can prejudice and affect the interest of the employees who are in service. The facts speak for itself and they are set out hereinafter to highlight the plight of the employer.

(2.) The petitioners were in employment of Air India respondents and retired on reaching age of superannuation between the period of Aug. 1980 and Sept. 1984. While in employment, each of the petitioner was allotted residential accommodation in the quarters of Air India on leave and licence basis and each of the petitioner had given in writing that the licensee would not claim any tenancy rights and had given further undertaking to observe and abide by all the terms and conditions and code of conduct prescribed by the Corporation in that behalf. The conditions were that the right to occupy the quarters shall ipso fact be determined and quarters vacated on the expiry of 30 days from the date of cessation of licensee's service and employment or from the date of proceeding on leave preparatory to retirement. It further provides that any breach or non-observance of the conditions shall make the licensee liable to pay such damages as may be determined by the Corporation. Condition No.19 enables the Corporation to deduct from any amount payable by the Corporation to the licensee or any amount whatsoever from the moneys that may become payable by the licensee to the Corporation under the terms and conditions. Each of the petitioner on his retirement has refused to vacate the quarters allotted by the Air India, without any semblance of right to remain in occupation.

(3.) In exercise of powers conferred by Clause (b) of Sub-section (2) of Sec. 45 read with Sections 8(2) and 2000 of the Air Corporations Act, 1953, Air India with the previous approval of the Central Government, has framed regulations known as 'Air India Employees' Service Regulations'. Chapter VIII- A of these Regulations deals with the subject of gratuity, and Regulation 49A inter alia, prescribes that gratuity will be admissible to employees on their retirement or superannuation. Air India" Employees' Provident Fund Regulations, 1954 are framed in respect of provident fund and Regulation 20 prescribes that the member can withdraw the full amount of the balance standing to his credit on retirement after attaining the age of superannuation. Air India Employees' Passage Regulations deal with grant of air passages to its employees and its former employees for travel on its air services otherwise than on duty. Regulation 11A(i) prescribes that the employees retiring from the service of the Corporation in accordance with the provisions of Regulation 46 of the Air India Employees' Service Regulations, may be allowed, free/concessional passages at the scales and for the period prescribed under the Regulations. The Managing Director of Air India has issued a Circular dated March 22, 1978, numbered as Staff Notice No.16/77- 78 dealing with grant of medical facilities to the retiring employees of Air India. The Circular, inter alia, prescribes that it has been decided to extend the medical facilities to the retired employees and his/her spouse and the scheme in respect thereof will be purely voluntary. The advantage of the medical facilities are available provided the retired employee makes contribution as provided under the Scheme. It is the claim of the petitioners that on retirement, each of them is entitled to the benefits of gratuity, provident fund, concessional passages and medical facilities, but the respondent Corporation has declined to grant these facilities on unsustainable grounds. The petitioners entered into correspondence with the respondents but were informed that they would not be entitled to any facilities unless they vacate the staff quarters which they are occupying without any title whatsoever. The respondents assured the petitioners that each of the facilities denied to them will be restored after vacating the service quarters. The petitioners instead of vacating the quarters, to which they have no right whatsoever, have filed the present petition on Oct. 3, 1984 under Art. 226 of the Constitution of India claiming writ of mandamus for directing the respondents to pay the amount of provident fund and gratuity along with interest and also to give concessional passages and medical facilities.