DINSHAW JAL MUNCHERJEE Vs. AIR INDIA LIMITED

JUDGEMENT

(1.) THE petitioner seeks a declaration that the action of the first respondent Air India Limited in refusing to permit the petitioner to voluntarily retire under Regulation 46 (II) of the Air India Services Regulations is arbitrary and ultra vires Articles 14, 16 and 21 of the Constitution. The petitioner is also seeking a writ of mandamus to strike down the orders of the Director of Operation of Air India Ltd. dated 10th/17th October, 1996 and 11th October, 1996 and to direct the respondents to give to the petitioner his full retirement dues including gratuity, provident fund and other service benefits including free tickets.

(2.) BRIEFLY, the facts are that the petitioner joined the services of the respondent No. 1 in the year 1976 as first officer/co-pilot. Thereafter, the petitioner was given further training on a variety of aircrafts and in due course was promoted as a Commander in the respondents fleet. The employees of the respondent No. 1 Air India are governed by the Air India Employees Service Regulations and Bilateral Settlements and Awards of Industrial Tribunal. Under Regulation 46 (II) of the Regulations, the Managing Director of the respondent No. 1 has a right to compulsorily retire any employee after such an employee attains the age of 55 years without giving any reasons. On the other hand, every employee has the right, after attaining the age of 55 years to give 3 months notice and voluntarily retire from service.

(3.) PURSUANT to Regulation 46 (II), the petitioner addressed a letter to the Managing Director on 1st August, 1996 whereby he gave due notice of 3 months of his intent to go in for voluntary retirement from service. He thus made it clear that he intended to retire from service at the end of working hours of 31st October, 1996. The Director of Operation has construed the petitioners notice under Regulation 46 (II) as a "request" to retire and on that basis he rejected the petitioners request. The Director wrote to the petitioner that the petitioner was scheduled for B747-400 command training in view of the companys requirement and considering the availability of the petitioner in the company till his date of superannuation he was allowed to bypass seniors. He further wrote that there is an urgent need for Air India to augment the strength for B747-400 with commanders and Air India has already commenced employing retired pilots on contract basis to meet the operational requirements of their flights.