AIR INDIA LIMITED Vs. Y V RAJU

JUDGEMENT

(1.) THESE Writ Appeals have their genesis in the unfortunate air crash that took place on 22.05.2010 at Mangalore Airport, wherein 158 passengers and the entire crew died. Even while the effort to ascertain the reasons for the crash were on, the General Secretary of Air Craft Engineers Association, by name, Y.V. Raju (respondent in W.A.No.1110 of 2012), conducted a Press Conference on 24.05.2010, wherein he stated that the cause of the accident was the obtaining of clearance for take off of the flight, from a technician of King Fisher Airlines and not that of the concerned authorities of the Air India Limited, the appellant.

(2.) ON the next day, the appellants issued notification to the effect that none of the employees or their organization shall go to press, in relation to the reasons for the unfortunate crash. As a measure of protest to that, the Union called for a flash strike on 25.05.2010. Obviously, enraged by such irresponsible conduct of its employees, the appellants removed quite a large number of them from service depending upon the degree of misconduct. Power under Regulation 13(a) of the Indian Airlines (General Employees) Service Regulations (for short the Regulations) was invoked, for this purpose. 53 persons, however, expressed their regrets for their participation in the strike. On their submitting letters of apology and furnishing undertakings, they were taken into service.

(3.) THE respondent in W.A.No.1107 of 2012 was appointed as a Pharmacist in the year 1985 and by 2007, he became Chief Pharmacist in the appellant -organization, and was functioning at Hyderabad. He is the Regional General Secretary of the Air Corporation Employees Union. According to him, their Unit at Hyderabad did not participate in the strike and instead, expressed their solidarity only by demonstrating during the lunch hour, by wearing black badges. He too was removed from service by taking recourse to Regulation 13(a) of the Regulations. He filed W.P.No.1623 of 2011 challenging the order of removal.