JOYNAH VICTOR DE Vs. INDIAN AIRLINES LIMITED

JUDGEMENT

(1.) THIS is an appeal directed against the order passed by a learned Single Judge dated 18th August, 1999 whereby the learned single Judge dismissed the writ petition of the petitioner. Aggrieved against that order the present appeal has been filed by the appellant.

(2.) BRIEF facts which are necessary for disposal of this appeal are that the petitioner was a flight purser of the Indian Airlines and he has been serving since 1968. On 4th April, 1996 the petitioner was on duty on Flight No. IC-770. This flight on the said while scheduled to take off for Calcutta from Bhubaneswar developed some technical fault, the flight could not take off. The Indian Airlines made arrangements for lodging all passengers and crew members in a hotel at bhubaneswar. At Bhubaneswar the petitioner fell down inside the hotel and broke his leg. Thereafter he was taken to Calcutta by the next day morning flight. The petitioner claimed for accident and disability leave for 92 days from 15th April, 1996 to 5th July, 1996 as applicable under Regulation 135 of the indian Airlines Employees' Service Regulations. The petitioner also claimed compensation. The petitioner by the communication dated 11/14th October, 1996 was informed by the Senior Manager (Personnel) that his application for sanction of the accident and disability leave was examined and the same could not be accepted as per Rules. The prayer of the petitioner for compensation was also rejected by the authority.

(3.) REGULATIONS 135 and 136 of the Indian Airlines Employees' Service regulations read as under: