K.A. Ansari & Anr vs Indian Airlines Ltd

4. On 8th April, 1988, posts of the appellants were re- designated as Operation Officers. Again on 9th May, 1989, the designation of the appellants was changed to Assistant Manager. Appellant No.1 - K.P.S. Rathore, was selected as a trainee pilot on 1st January, 1989 and was confirmed as such with effect from 1st November, 1990. Appellant No.2 - K.A. Ansari, was appointed as a junior pilot on 1st July, 1990 and was confirmed as such with effect from 1st October, 1990.

5. It appears that in the year 1993, the Government of India took a policy decision to merge Vayudoot with Indian Airlines. On 24th May, 1994, Ministry of Civil Aviation issued an order conveying the decision of the Government 3 that the process of absorption of the Vayudoot employees shall commence by 31st June, 1994 with certain relaxations/benefits to them on joining the new organisation. The benefits included protection of basic pay drawn by the employees of Vayudoot at the time of their absorption in Indian Airlines.

7. Thereafter, some more decisions were taken, with which we are not directly concerned in this appeal except to note that in order to find an amicable solution to the demands/grievances of the employees of Indian Airlines and SHOD, in the meetings held on 21st April, 1998 and 5 16th March, 2000, it was decided that the SHOD employees will have to complete their training and obtain the licence to fly an Indian Airlines' aircraft in three attempts. Accordingly, vide communication dated 6th September, 2001 the appellants were informed that since they had failed in two attempts, their training was being terminated and they would revert to SHOD with immediate effect. The appellants protested, inter alia, on the ground that they were entitled to three opportunities, instead of two, to obtain the requisite licence. However, on 15th November, 2002, the appellants were directed to appear for an interview for selection to the post of Assistant Manager (Flight Safety). The said action on the part of the Indian Airlines was questioned by the appellants by preferring writ petitions in the High Court. Their plea was that as per the agreed arrangement, they had to be given three chances to obtain the licence endorsement and in the alternative they had a right to be automatically inducted in a ground job post of equivalent status with protection of pay and allowances. Notwithstanding the filing of the writ petitions, 6 the appellants joined on the post of Assistant Manager (Flight Safety), offered to them in terms of the letter issued by the respondent on 23rd April, 2003, which contained the following note:

12.Aggrieved thereby, the Indian Airlines filed intra-court appeal and as noted above, the Division Bench has reversed the said order. That is how the appellants have come up before us in this appeal.

19. For the foregoing reasons, we allow the appeal and set aside the order of the Appellate Bench and restore the order passed by the learned Single Judge on 4th March, 2005, directing the respondent to implement the main order, dated 11th October, 2004. In the circumstances of the case, the parties shall bear their own costs.

NOVEMBER 28, 2008.