Case: Air India Cabin Crew Assn Vs. Union Of India

for other reliefs, was dismissed by the Delhi High Court, resulting in the Special Leave Petitions. Mr. Singh submitted that there was no substance in the appeals filed since the revised promotion rules had been approved and accepted by all concerned. Mr. Singh urged that it was on account of the continued representations made for placing the cadre of Air Hostesses at par with the cadre of In-Flight Pursers, that the settlement was arrived at and there was no reason to interfere with the same. Mr. Singh submitted that the appeals were, therefore, liable to be dismissed. 47. From the submissions made on behalf of the respective parties, what ultimately emerges for decision is whether the management of Air India was entitled to alter the service conditions of Flight Pursers and Air Hostesses, despite several bilateral agreements arrived at between Air India and its workmen represented by the Air India Cabin Crew Association, and the Executive cadre of In- Flight Pursers and Air Hostesses promoted to the Executive rank and given Grade 29, which was the starting point of the Executive cadre. The other connected question involved is whether those Flight Pursers who had been promoted in terms of the revised promotion policy, would still be governed by the Settlements arrived at between the Management and the Unions, since they were covered by the same prior to their promotion to the Executive cadre. 48. Another question which calls for our attention is with regard to the merger of Cabin Crew effected in 1996, giving rise to the other disputed questions relating to interchangeability of duties between Flight Pursers and Air Hostesses. It may be indicated that during the course of the hearing, Mr. Pramod B. Agarwala urged that the Appellant Association was mainly concerned with the status of In-Flight Supervisors prior to the merger of cadres in 1996. In deciding the aforesaid questions, this Court will have to take into consideration the decisions rendered in Nergesh Meerzas case (supra) and Yeshaswinee Merchants case (supra), although, strictly speaking, we are more concerned with the decision taken in terms of Section 9 of the 1994 Act, to bring about a parity in the service conditions of both Flight Pursers and Air Hostesses, both at the level of workmen and also the Executive cadre. While the Agreements are not altered or vary to any large extent, what has been done is to iron out the differences on account of the revised promotion policy, which exempted some of the workmen, who had been transformed to the category of Executive from the ambit of the said Settlements. It is apparent from a reading of both the judgments delivered in Nergesh Meerzas case and Yeshaswinee Merchants case that the same were rendered in the context of bringing parity between the cadre of In-Flight Supervisors and the cadre of Air Hostesses. It is, in fact, the prerogative of the Management to place an employee in a position where he would be able to contribute the most to the Company. Hence, notwithstanding the decision in Nergesh Meerzas case and in Yeshaswinee Merchants case, the Air India was at liberty to adopt the revised promotion policy which was intended to benefit all the employees.49. As indicated hereinbefore, Mr. Pramod B. Agarwala, representing the Appellant Association, submitted that the appellants were not concerned with the post-revised promotion policy, but with the separate cadre of In-Flight Pursers, as distinct from the cadre of Air Hostesses, with regard to their channel of promotion. We are inclined to agree with Mr. Agarwalas submissions that prior to 1997, there was a category of Cabin Crew referred to as In-Flight Supervisors, which was confined to In-Flight Pursers alone and did not concern the Air Hostesses. However, we are unable to agree with Mr. Agarwalas submissions with regard to treating the duties discharged by In- Flight Supervisors to indicate that “In-Flight Supervisor” was a separate post. We are inclined to accept the submissions made on behalf of Air India that the duties discharged by persons designated as In-Flight Supervisors did not create any separate post and the post remained that of In- Flight Pursers. 50. Accordingly, we are unable to accept the further submissions made on behalf of the appellants that they had been discriminated against in any way on account of the decision in Nergesh Meerzas case and Yeshaswinee Merchants case. As was observed by this Court in Inderpreet Singh Kahlon & Ors. Vs. State of Punjab & Ors. {(2006) 11 SCC 356 ], it is well-settled that a decision is an authority for what it decides and not what can logically be deduced therefrom. Further, it is also well-settled that the ratio of a case must be understood having regard to the fact situation obtaining therein. The position since the decisions rendered in Nergesh Meerzas case and in Yeshaswinee Merchants case, underwent a change with the adoption of the revised promotion policy agreed to between the parties and which replaced all the earlier agreements. In our view, the Management of Air India was always entitled to alter its policies with regard to their workmen, subject to the consensus arrived at between the parties in supersession of all previous agreements. We are also unable to accept the further submission made on behalf of the appellants that those workmen who had been promoted to the Executive category would continue to be governed by the Settlements arrived at when they were workmen and were represented by the Association. In our view, once an employee is placed in the Executive cadre, he ceases to be a workman and also ceases to be governed by Settlements arrived at between the Management and the workmen through the concerned Trade Union. It is not a question of an attempt made by such employees to wriggle out of the Settlements which had been arrived at prior to their elevation to the Executive cadre, which, by operation of law, cease to have any binding force on the employee so promoted by the Management.

Decision (1 = appeal accepted, 0 = rejected): 0

Explanation:
0[ds]e the Agreements are not altered or vary to any large extent, what has been done is to iron out the differences on account of the revised promotion policy, which exempted some of the workmen, who had been transformed to the category of Executive from the ambit of the said Settlements. It is apparent from a reading of both the judgments delivered in Nergesh Meerzas case and Yeshaswinee Merchants case that the same were rendered in the context of bringing parity between the cadre of In-Flight Supervisors and the cadre of Air Hostesses. It is, in fact, the prerogative of the Management to place an employee in a position where he would be able to contribute the most to the Company. Hence, notwithstanding the decision in Nergesh Meerzas case and in Yeshaswinee Merchants case, the Air India was at liberty to adopt the revised promotion policy which was intended to benefit all the employees.49. As indicated hereinbefore, Mr. Pramod B. Agarwala, representing the Appellant Association, submitted that the appellants were not concerned with the post-revised promotion policy, but with the separate cadre of In-Flight Pursers, as distinct from the cadre of Air Hostesses, with regard to their channel of promotion. We are inclined to agree with Mr. Agarwalas submissions that prior to 1997, there was a category of Cabin Crew referred to as In-Flight Supervisors, which was confined to In-Flight Pursers alone and did not concern the Air Hostesses. However, we are unable to agree with Mr. Agarwalas submissions with regard to treating the duties discharged by In- Flight Supervisors to indicate that