LAWS(BOM)-1997-7-93

AIR INDIA HOSTESSES ASSOCIATION Vs. AIR INDIA LIMITED

Decided On July 08, 1997
AIR INDIA HOSTESSES ASSOCIATION Appellant
V/S
AIR INDIA LIMITED Respondents

JUDGEMENT

(1.) PRESENT petition seeks a declaration that the settlement dated 5th of June, 1997, arrived at between Air India Limited, the respondent No. 1 and the Air India Cabin Crew Association, the respondent No. 2 herein, is not binding upon the members belonging to the petitioner Air India Hostesses Association.

(2.) RESPONDENT No. 2, it is undisputed, is a registered and a recognised trade union. As far as petitioner is concerned, though it has styled itself as a registered trade union, its status of being a registered trade union, is seriously disputed by the respondents. Petitioner, it is however undisputed, was a registered trade union since 1984. The registration, it is claimed, has been cancelled with effect from 12th of February, 1990.

(3.) AFTER the settlement was arrived at between the first and the second respondents, on 5th of June, 1997, first respondent issued a notice dated 6th of June, 1997 for implementing the settlement with effect from the 28th of June, 1997. Change of flight conditions, in terms of the settlement, have been brought about with effect from the 23rd of June, 1997. On 27th of June, 1997 a reference has been made to the Regional Labour Commissioner for conciliation in respect of the terms of the settlement. A day prior i. e. on the 26th of June, 1997, the present petition is filed. The same was moved for grant of ad-interim reliefs on 27th of June, 1997. No ad-interim reliefs are granted though on a specific understanding that no equities will be claimed by the respondents on the basis of events which may take place from that day onwards till further orders are passed in the petition.