SAUDI ARABIAN AIRLINES Vs. SHEHNAZ MUDBHATKAL

JUDGEMENT

(1.) THIS writ petition under Articles 226 and 227 of the Constitution of India challenges the Award of the 2nd respondent, First Labour Court, Mumbai, dated 16th April, 1996, made in Reference (IDA) No. 439 of 1986. Facts:

(2.) THE petitioner is a foreign Airline Company incorporated under the laws of Saudi Arabia and owned by the Kingdom of Saudi Arabia. It is engaged in the transportation of passengers, cargo and mail by air and has offices at various places all over the world including one at Mumbai. The 1st respondent is an ex-employee of the petitioner and the 2nd respondent is the Presiding Officer of the First Labour Court, Mumbai, exercising adjudicatory jurisdiction under the provisions of the Industrial Disputes Act, 1947 (hereinafter referred to as "the Act")

(3.) THE 1st respondent, Mrs. Shehnaz Mudbhatkal, joined the service of the petitioner on 16th November, 1978, as Secretary to the Station Manager. Prior to joining the petitioners service, she was working in Indian Airlines from 23rd March 1972 to 29th September 1975. It is her case that, though she was designated as Secretary to the Station Manager, she was compelled to perform the higher functions of a Customer Service Agent, though at a lower grade and salary, consequent to which she sustained a loss of Rs. 304/- per month in her emoluments till she was actually upgraded to the post of Customer Service Agent effective from 1st June 1981. The 1st respondent was last getting a basic salary of Rs. 2, 616/- per month plus other allowances as admissible under the applicable Rules. There appears to be a consistent practice in the petitioner company that the post of the Secretary to the Station Manager (Airport) would be upgraded to Customer Services Agent as and when a vacancy arose. As a matter of fact, one Mrs. Tasneem Nair, who was working as Secretary to the Station Manager (Airport), was upgraded to the post of Customer Service Agent and it is in the vacancy caused that the 1st respondent was engaged as Secretary. While the 1st respondent was working as Secretary, and the next vacancy of Customer Service Agent arose, instead of upgrading the 1st respondent to the said post, the then Station Manager Naji Nahrous requested her to continue in her position as Secretary with an assurance that her seniority would be protected. The said vacancy was filled up by appointing one Ms. Collen Turner, freshly recruited with no practical experience, who had to be trained by the 1st respondent in several jobs of Customer Services Agent.