JUDGMENT
Pradeep Nandrajog, J.
1. Source of dispute being common to all, the four captioned petitions, three filed by the employees working under Indian Airlines since beginning of their service and one filed by the employees working under Vayudoot Ltd. since taken over by Indian Airlines are being disposed of by a common judgment. Fortune of large number of employees of Indian Airlines and employees of Vayudoot Limited, absorbed in Indian Airlines are at stake.
2. This is the second round of litigation. The first round was fought when WP(C) 931/98 and WP(C) 723/98 were filed in this Court by the employees of Vayudoot Limited. Those petitions were opposed by Indian Airlines and the officers and employees working under Indian Airlines since the very inception of their service.
3. Petitioners in WP(C) 931/98 had claimed the following reliefs :-
“In the circumstances mentioned above, it is most humbly and respectfully prayed that this Hon’ble Court may graciously be pleased to:-
a) Issue appropriate writ in the nature of certiorari or any other writ, direction or order setting aside the Notification/Fax message No. HPD01/C-1201 dated 2nd February, 1998 or other notifications of similar nature which are likely to be issued in near future, whereby the respondents have deprived or are likely to deprive the petitioners of their right to be considered for promotion on the post of Manager (Commercial) from the post of Deputy Manager (Commercial) as the same are illegal, arbitrary, discriminatory and is violative of article 14, 16 and 21 of the Constitution of India;
b) Issue appropriate writ in the nature of mandamus or any other appropriate writ, direction or order commanding the respondents to consider the petitioners for their promotion on the post of Manager (Commercial) from the post of Deputy Manager (Commercial) against the vacancies which are in existence or which are likely to occur in near future in Indian Airlines along with other eligible candidates;
c) Issue an appropriate writ in the nature of mandamus or any other writ, direction or order commanding the respondents to give all the benefits to the petitioners for the purpose of seniority, promotion, foreign posting, etc. in Vayudoot as well as in Indian Airlines after the merger.”
4. Petitioners in WP(C) 723/98 had also made a identical prayer.
5. Petitio ners in the four captioned petitions, which are being disposed of by the present judgment, respectively pray as under :-
WP(C) 848/01
“(a) Issue a writ of certiorari, call for the records of the respondents including the decision recorded in the meeting of the Committee held on 16.3.2000 and quash the same holding it as arbitrary, illegal and unconstitutional.
(b) Issue a writ of prohibition, prohibiting the respondents from in any manner altering the service conditions of the employees of the petitioner and affecting their rights by merging the employees of the Vayudoot with the cadre of the employees of the Indian Airlines.
(c) and issue such other writ or writs, orders or directions as deemed fit and proper in the interest of justice.”
WP(C) 1097/2001
“(a) Issue a writ of certiorari, call for the records of the respondents including the decision recorded in the meeting of the Committee held on 16.3.2000 and quash the same and notification dated 5.2.2001 holding it as arbitrary, illegal and unconstitutional;
(b) issue a writ of prohibition prohibiting the respondents from in any manner altering the service conditions of the employees of the petitioner and affecting their rights by merging the employees of the Vayudoot with the cadre of the employees of the Indian Airlines.
(c) and issue such other writ or writs, orders or directions as deemed fit and proper in the interest of justice.”
WP(C) 5618/02
“(a) A writ in the nature of mandamus commanding the respondents and/or their agents and/or their servants to forthwith cancel and/or rescind and/or withdraw the impugned minutes of the meeting held on 16th March,2000 on issues relating to demands of SHOD employees, the memo being No.AV 18050/3/96-ACIA dated 19th May,2000 issued by the Deputy Secretary to the Government of India, Ministry of Civil Aviation, IA Section New Delhi and the letter bearing No.18050/3/96-ACIA and 13th July,2000 issued by the Deputy Secretary to the Govt. of India, Ministry of Civil Aviation, IA Section, New Delhi including the Notification being No.HPDO1/SHOD/SEN dated 5th February,2001 issued by the General Manager (Personnel), Indian Airlines Ltd., Head Quarters being Annexure I, I-1, K, L, to this petition till the disposal of the Rule.
(b) A writ in the nature of certiorari directing the respondents and/or their agents and/or their servants to transmit unto this Hon’ble Court the records of the entire proceeding including the minutes of the meeting held on 16.3.2000, the memo being No.AV 18050/3/96-ACIA dated 19th May,2000 issued by the Deputy Secretary to the Government of India and the letter being No.18050/3196-ACIA dated 13th July,2000 issued by the Deputy Secretary to the Govt. of India, Ministry of Civil Aviation, IA Section, New Delhi including the Notification being No.HPD01/SHOD/SEN dated 5th February,2001 issued by the General Manager (Personnel), Indian Airlines Ltd. Heads Quarters being Annexures I, I-1, J and L to this petition and all other records and documents culminating thereto so that conscionable justice may be administered by quashing the same.”
WP(C) 1430/2001
“(a) A writ of certiorari or any other appropriate writ for quashing all the three notifications dated 5.2.2001 (Annexure P-8)
(b) A writ of mandamus or any other appropriate writ directing the respondents to immediately release time-bound and strength promotions to the employees of the Technical and General Category Staff of SHOD due from 1.1.1998.
(c) A writ of mandamus or any other appropriate writ directing the respondents to consider the eligible employees of the Technical and General Category Staff of SHOD for the promotion/selection to the post to be filled through inter-departmental test.
(d) pass any other or further orders or directions which this Hon’ble Court may deem fit, just and proper in the facts and circumstances of the present case.”
6. Before noting the rival contentions and the substratum of the dispute which was a subject matter of WP(C) 723/98 and WP(C) 931/98, which writ petitions were disposed of vide judgment and order dated 12.7.1999, the facts which constitute the backdrop of the previous and the present litigation may be noted.
7. Vayudoot Ltd. was incorporated as a private limited company in the year 1981. It was converted into a public limited company in the year 1983. The purpose for which it was incorporated was not being achieved. The Government of India took a policy decision to reorganise Vayudoot Ltd. On 25.5.1993, the Government of India indicated its policy decision in the letter dated 25.5.1993 addressed to Indian Airlines, Air India, Vayudoot Ltd., International Airports Authority of India and the National Airports Authority of India. The said letter dated 25.5.1993 reads as under :
“I am directed to say that a proposal for reorganisation of Vayudoot had been under consideration of Government for some time. It has now been decided as under:
(i) Vayudoot should be merged with Indian Airlines instead of retaining the present form of joint ownership by Indian Airlines and Air India.
(ii) The dues owed by Vayudoot to creditors in the public sector, such as banks, other public enterprises and Central Government on the date of takeover by Indian Airlines would remain frozen for five years. There will thus be a moratorium for five years on repayment and servicing of the dues; thereafter the liabilities will be discharged by Indian Airlines in 10 annual Installments. In case of a delay in payment of any Installment, interest at the bank rate prevailing at that time, would be payable on the defaulted amount.
2. Government have further decided that pending completion of legal formalities for merger of Vayudoot with Indian Airlines, the following measures need to be taken:
(i) Equity shares of Vayudoot Limited held by Air India will be transferred in favor of Indian Airlines on a token consideration.
(ii) Vayudoot will be retained as a clearly identifiable separate Division of Indian Airlines.”
8. The Ministry of Civil Aviation and Tourism issued the following communication on 22.11.1993 :
“I am directed to refer to the minutes of the meeting taken by the Minister for Civil Aviation & Tourism on 8th October, 1993 to review the functioning of all organisations under the Department of Civil Aviation. In the meeting it was decided that AI, IA, NAA, PHHL, IGRUA and HCI will absorb, on an over-riding priority, the surplus staff of Vayudoot against their vacancies set aside for direct recruitment including the posts for reserved categories.
2. You are, therefore, requested to inform Vayudoot of the vacancies that are available in your organisation against the sanctioned strength within a week, under intimation to this Ministry. Vayudoot will then circulate the names of the employees to the concerned organisations.”
9. It was followed by another order dated 24.5.1994 issued by the Ministry of Civil Aviation and Tourism. The order related to the process of absorption of employees of Vayudoot Ltd. in various organisations. The same reads as under :
“Government have decided that the process of absorption of Vayudoot employees organisations under the Ministry of Civil Aviation should begin by 30th June, 1994 positively. As a special case, it has been decided to give the following relaxation/ benefits to the Vayudoot employees on joining the new organisation:-
(1) Protection of basic pay.
(2) Probation period and medical examination will be waived.
(3) Appointment will be subject to three years’ satisfactory record of service.
(4) Leave balance of the employees will be transferred to the new organisation.
(5) Service rendered in Vayudoot will be reckoned for the purpose of gratuity, Provident Fund, loans and advances, medical facilities and SOL passages.”
10. Simultaneously with the issuance of the order dated 24.5.1994, the Ministry of Civil Aviation and Tourism constituted a committee to oversee the absorption process of Vayudoot employees. Another order dated 24.5.1994 constituting the Committee was issued. The said order constituting the committee reads as under :
“It has been decided to constitute a Committee to over-see the absorption process of Vayudoot employees. The Committee will consist of the following.
1. Sh.Prashant Mehta, Director, Ministry of Civil Aviation.
2. Sh.S.C.Rastogi, Director (Persl.) Indian Airlines.
3. Sh.P.C.K.Ravindran, Ex.Director, (P&A) NAA
4. Sh.J.J.Rindani, Director (HRD), Air India, Bombay.
5. Sh.N.V.Sridhar, Ex.Director, (Personnel) IAAI.
6. Sh.S.D.Arora, Ex.Director, Vayudoot.
7. Sh.S.N.A.Jaffery, Chief Manager (Corporate Affairs), Vayudoot, – Convenor.
8. Cap.A.N.Azami, Officiating R.M., Vayudoot.
9. Sh.S.P.Shukla, Sr.Traffic Asstt. Vayudoot.
The committee will ensure the implementation of conditions of absorption as stipulated in this Ministry’s order No.AV.18030/28 /91-ACVL(Pt) (i), dated 24th May, 1994.”
11. On the same date i.e. 24.5.1994 another circular was issued. Under the said circular, a separate department under the Indian Airlines was created called “Short Haul Operations Department” (SHOD). The circular reads as under :
“It has been decided to create a separate Department in Indian Airlines, called the ‘Short Haul Operations Department’, for Vayudoot employees, in accordance with the guidelines of the Department of Civil Aviation. The main criteria for the absorption is as follows:-
(1) Employees so absorbed in this Department will be given Indian Airlines’ Pay scales and other benefits being enjoyed by Indian Airlines employees.
(2) There will be no inter-Departmental transfer between the Department mentioned above and other Departments in Indian Airlines.
(3) Indian Airlines Recruitment & Promotion Rules as well as Service Conditions/other Rules will apply to employees of the newly created Department.
(4) On absorption of employees of Vayudoot in the aforesaid Department, the Basic Pay drawn by the employees will be fitted at an appropriate stage of Basic Pay applicable to the comparable scale of pay of Indian Airlines.
(5) For those employees who presently possess a particular designation but do not have the requisite length of service for such a post, in accordance with Indian Airlines’ Rules, the following procedure will be followed:-
i) Basic Pay will be protected.
ii) The persons concerned will be given the designation commensurate with his/her length of service and that designation will remain till he/she puts in the length of service required in accordance with the Rules of Indian Airlines.
Any problem that may arise after the absorption of Vayudoot employees into the ‘Short Haul Operations Department’ of Indian Airlines shall be referred to a Committee consisting of :-
i) Sh.S.D. Arora,
Ex.Director, Vayudoot Ltd.
ii) Sh.S.N.A. Jaffery,
Chief Manager (Corporate Affairs)
Vayudoot Ltd.
Iii) Sh.Sekhar Ghose,
Sr.Dy.Industrial Relation Manager
Indian Airlines,
Sh.S.N.A. Jaffery will be the Convener of the Committee.
This issues with the concurrence of the Managing Director.”
12. The circular aforesaid was issued by Vayudoot Ltd. How Indian Airlines proceeded to implement the same could be appreciated in reference to an appointment order dated 29.11.1994 issued to one of the officers of Vayudoot Ltd. who was being absorbed under the Indian Airlines in the Short Haul Operations Department. The order reads as under :
“In accordance with circular No.PF/HQ/PERS dated 24th May’94 issued by the Executive Director, Vayudoot Limited, we are pleased to appoint you on absorption as DEPUTY MANAGER COMMERCIAL in the Short Haul Operations Department of Indian Airlines Limited with effect from 1.12.1994 on the terms and conditions specified below:-
1. You will get a starting basic pay of Rs.2585/- per mensem in the pay scale of Rs.2225-60-2825-70-3035-120-3755 plus the usual allowances admissible to the employees, from time to time.
2. During the tenure of your service in the Short Haul Operations Department, Indian Airlines Limited, you will be governed by the applicable Service Regulations and Standing Orders as framed/amended by Indian Airlines Limited from time to time.
3. You will be initially posted at HEADQUARTERS. During the tenure of your service, you are liable to be transferred to any Station where Short Haul Operations Department of Indian Airlines Limited operates or may operate hereafter. You will not be transferred to any other Department of Indian Airlines Limited. However, your services may be utilised in other Departments for a limited period as required due to exigencies of work.
4. Your seniority will be maintained separately in the Short Haul Operations Department of Indian Airlines Limited and the same will be determined as per existing rules.
5. Leave standing to your credit in Vayudoot Limited will be transferred to the Short Haul Operations Department of Indian Airlines Limited. Your service in Vayudoot Limited will be reckoned for the purpose of Gratuity, Provident Fund, Loans and Advances, Medical Facilities and SOL passages.
6. In case you belong to SC/ST/OBC, you are required to produce a certificate in support of the same, issued by the competent authority in the format prescribed by the Government of India together with its attested copies. If, at any stage, the caste/ tribe/class certificate submitted by you is found to be false, appropriate action will be taken against you.
7. In case you belong to SC community, any change in your religion at any stage should be immediately intimated to your Departmental Head.
8. Your services with Vayudoot Limited will stand terminated from the date of your absorption in Indian Airlines Limited.
9. If the offer of appointment on the above terms and conditions is acceptable to you, please return to us the attached duplicate copy of this letter, duly signed, in token of your acceptance of this offer latest by 30th November, 1994. Please send your joining report in token of your having reported for duty in the Short Haul Operations Department on or after 1.12.1994 through your Regional Heads/Departmental Heads.”
13. On various dates, similar letters were issued to the employees of erstwhile Vayudoot Ltd. who were absorbed under Indian Airlines in the Short Haul Operations Department. For record, it may be noted that some employees of Vayudoot Limited were absorbed in Air India.
14. Integration of employees of Vayudoot Limited under Indian Airlines was creating a problem. If complete integration was to be effected, question of inter-se seniority of employees had to be resolved. There was a problem. Vayudoot Limited was following an ad-hoc policy of promotion. Indian Airlines had notified rules for promotion. Employees under Vayudoot Ltd. had earned accelerated promotion. Some employees of Vayudoot Limited started demanding complete merger. The Government of India constituted a committee to report on the further modalities to be adopted. The report came. The report, inter alia, records :
“14. Apart from this, the Government took the decision to merge Vayudoot with Indian Airlines without any consultation with the Unions/Associations of Indian Airline and Vayudoot employees and failed to realise different perceptions on the issue of merger. The committee, therefore, feels that before taking such an important decision, Government should have investigated the causes of Vayudoot becoming sick and an uneconomic unit.
18. The decision of the Government to induct Vayudoot employees in Indian Airlines evoked strong protest from various Unions of Indian Airlines, and in particular from the Indian Commercial Pilots’ Association. The Unions also formed a Co-ordination Committee for the purpose and sent representations expressing their resentment over the decision. The trade unions of Indian Airlines have argued that the move to induct Vayudoot employees in Indian Airlines is a violation of instructions contained in Government notification dated 25th May,1993 wherein it has been decided to maintain Vayudoot as a separate identifiable division of Indian Airlines. They have contended that in spite of existence of valid panels of internal employees as well as panels of candidates from the outside market, a large number of posts in Indian Airlines have not been filled over a number of years as a measure of economy in view of the current financial condition of the Company. They have further stated that it would be unfair and unjust if these panels are allowed to expire and employees of Vayudoot are absorbed against the existing vacancies in violation of the Recruitment and Promotion Guidelines of Indian Airlines which provide that existing suitable employees have to be given preference over the outside candidates for appointment against higher posts.
20. The Department of Civil Aviation informed the Committee that fifty percent of the Vayudoot employees would be absorbed in Indian Airlines and the remaining fifty percent in various organisations of the Department of Civil Aviation, Government had also appointed a Committee to work out the modalities for proposed absorption of Vayudoot employees. The Committee had submitted its report on the 18th May,1994. Meanwhile, the Government have come out with a proposal to create Short Haul Operations Department in Indian Airlines comprising employees from the feeder Airline as mentioned in earlier paragraph. During the course of his evidence before the Committee, Secretary, Department of Civil Aviation informed that the Vayudoot employees absorbed in the Shorthaul Operations Department would receive the same salaries and perks as those working in Indian Airlines. There would be no difference in promotion policies either. The Committee hopes that Vayudoot employees would be duly absorbed as suggested by the Government and the necessary steps will be taken to ensure their career prospects.”
15. Following the report and listing out the functioning of the Short Haul Operations Department under Indian Airlines, on 17.12.1994, Indian Airlines issued a letter. The same reads as under :
“The Short Haul Operations Department has been set up as a distinct and separate Profit Centre and has become functional w.e.f. 1st of December, 1994.
Since this Department is to function as a separate Profit Centre, it will have its own Budget, Balance Sheets and Profit & Loss Accounts, which will be finally merged with the Corporate system. The accounting systems will be finalised by the Director Finance and the executive Director, Short Haul Operations Department.
This Department will have a variety of sub-disciplines such as Engineering, Operations, Commercial, Personnel & administration, Finance, Stores, EDP, and Vigilance. It will have its own Delegation of Financial and Administrative Powers which are being worked out separately and, meanwhile, the executive Director (Short Haul) will exercise the Financial and Administrative Powers, available to Group I Directors at headquarters.
However, for the following disciplines, the respective Departments of Indian Airlines will cater to the requirements of a Short Haul Operations Department:-
(i) Planning.
(ii) Civil Engineering
(iii) Security
(iv) Internal Audit
(v) Medical for staff including CFMS/REMS
(vi) Public Relations
(vii) Flight Safety
(viii) Stores (Except local purchase)
Employees of the Short Haul Operations Department will be eligible for various facilities as are available to the employees of Indian Airlines, e.g. canteen, air passages, uniforms, loans, advances, staff coach facility etc.
All the Departmental Heads at Hqrs. and Directors in the Regions are requested to extend all cooperation to ensure smooth functioning of the Short Haul Operations Department.”
16. The employees of Vayudoot Ltd., who were absorbed under Indian Airlines in the separately created Short Haul Operations Department, started claiming a right to be integrated with the existing employees of Indian Airlines. They claimed a right to be promoted to the next higher post. They started claiming that while integrating their service on the corresponding posts with the existing employees of Indian Airlines, length of service rendered by them under Vayudoot Ltd. be reckoned. This integration was opposed by the existing employees of Indian Airlines. Opposition by the employees of Indian Airlines was on the ground that there were recruitment rules governing appointment and promotion under Indian Airlines. Under Vayudoot Ltd. there were no such notified recruitment rules and promotions were being effected on ad-hoc basis. This had resulted in employees of Vayudoot Limited being granted accelerated promotions. As per the employees of Indian Airlines, an employee of Vayudoot Ltd. who was inducted to post A earned promotion to a post B, further promotion to the next higher post C in say, seven years. A corresponding employee of Indian Airlines appointed to the corresponding post A earned no promotion or at best earned promotion to the corresponding post B. As per the employees of Indian Airlines, demands of the employees of Vayudoot Ltd. would result in an unjust integration.
17. Negotiations were held for the purpose of sorting out the differences. At a meeting held on 10.3.1998, following was minuted :
“A meeting was convened on 10.3.1998 at 2.30 P.M. by the Secretary (Civil Aviation) to discuss the issues related to the demands of the employees of the Short Haul Operations Department of the Indian Airlines. A list of the participants is given at the annexure.
In a nutshell, the background of the merger of Vayudoot with Indian Airlines, the absorption of Vayudoot employees into IA and AI and the creation of Short Haul Operations Department is as follows:-
1. The Ministry of Civil Aviation issued necessary directions on 25.5.1993 that Vayudoot be merged with Indian Airlines instead of retaining the joint ownership by Indian Airlines and Air India. It was also directed subsequently that the employees of Vayudoot be absorbed by the organisations under the administrative control of MCA on overriding priority. Accordingly, Vayudoot employees were absorbed in IA and AI as under:-
Indian Airlines: 1023 employees Air India : 311 employees
2. In order to absorb such a large number of employees, the Indian Airlines created a Short Haul Operations Department which consisted of Vayudoot employees in their re-grouped order of seniority as per their length of service with designations as were applicable in Indian Airlines. This took care of the opposition from the IA’s unions to the absorption of Vayudoot employees on the one hand and also met with the directions of the Government on the other. However, slowly over a period of time, the SHOD employees started representing on various counts such as the lack of gainful utilisation of their services, maintenance of separate seniority list of the employee of SHOD from that of the IA’s employees, no avenues of career progression, etc. The various cadres such as the pilots, the engineers, the technicians, the general category staff and officers repeatedly represented and held discussions with the management of the Indian Airlines. In order to discuss the issues one by one and to settle the same, the Secretary (CA) convened this meeting wherein their demands were taken up in the presence of the CMD, Indian Airlines. Discussions were held at great length and the views of the employees as well as of the IA’s representatives were presented. After prolonged discussions, the following decisions were taken in respect of each category:
PILOT
1. SHOD pilots will undergo training in IA aircraft and on getting type endorsement will be placed at the bottom of the seniority of First Officers (Co-Pilots). However, their past services will be counted for the purpose of pay protection and other financial benefit. Their future growth will be on the basis of the line of seniority. The IA will take necessary action to initiate their training within a period of one month.
2. Pilots who fail to obtain license endorsement as per IA rules will be retained in SHOD. Such pilots may be provided appropriate ground job. Their basic pay and allowances in such cases will be protected. The proposal is based on the basis of the policy adopted by the company while phasing out turboprop aircraft in 1982.
3. Four executive Pilot will remain in SHOD and will be sent on deputation to Alliance Air. After acquiring training and getting Boeing endorsement they will be appointed as Co-Pilots. Their pay and allowances and status will be protected.
AIRCRAFT ENGINEERS
1. The Aircraft Engineers will undergo training on any of the IA jet fleet as per requirement and after acquiring license endorsement will be placed at the bottom of the seniority of Aircraft Engineers in the respective grade.
2. The Aircraft Engineers who fail to obtain license endorsement in three DGCA attempts will be reverted back to SHOD. Such Aircraft Engineers may be provided alternate job. Their basic pay in such cases will be protected.
TECHNICIANS
SHOD Aircraft Technicians were of the view that they should get seniority in the respective grades. It was explained that Indian Aircraft Technicians Association was not agreeable to the lateral transfer of technicians in the respective grades. The IATA’s contention was that when IA technicians were transferred from one region to the other, they were losing their seniority. Therefore, SHOD technicians should also be placed at the bottom of the seniority of Aircraft Technicians. This was not acceptable to SHOD technicians. They stated that they will discuss this issue with their colleagues and report to the Ministry.
GENERAL CATEGORY STAFF
It was decided that the general category staff of the SHOD will be placed at the bottom of each grade in respective Departments as on 10th March, 1998.
GENERAL CATEGORY OFFICERS
It was decided to discuss the issue of the general category officers again since some reservations were expressed during the meeting with regard to induction of the SHOD officers into the respective grades.
SENIORITY
It was decided that SHOD employees should be reckoned in respective seniorities for the general category staff in respective grades of each department from 10th March,98. Future promotions should consider such employees as per the revised seniority of the IA.
Inter-se seniority of SHOD employees will be maintained while placing them in different cadres/grades.”
18. Based on the minutes aforesaid, on 21.4.1998, Indian Airlines issued the following notification :
“It has been decided to merge the seniority of SHOD employees of non-technical categories with seniority of IA non-technical categories of employees up to erstwhile grade 9. The criteria to be followed for merger of seniority is as follows :-
1. SHOD employees will be placed at the bottom of the seniority of each respective pay scale/Department as on 10th March,1998.
2. All such designations showing adhoc appointments in SHOD would remain adhoc till they complete the minimum stipulated number of years of service in the grade. Their seniority would be maintained separately and on completion of the required number of years they will be placed at the bottom of the respective pay scale.
3. On merger of seniority, the seniority of employees will be maintained regionally.
4. The seniority of SHOD employees maintained at HQrs. will be merged with the seniority of non-technical categories of Northern Region for the following designations:-
i/ Data Communication Asstty/DCO
ii/ Operators in GSD Deptt.
iii/ Technical Asstt.
iv/ Traffic Asstt.
v/ Stores & Supplies Asstt.
vi/ Operations Asstt.
vii/ Security Asstt.
viii/ Security Guard.
ix/ Loader
x/ Helper
xi/ Driver
Election of ACEU, Northern Regions are being held as per direction of High Court of Delhi. The fixation of seniority of non-technical employees of SHOD with IA employees of Northern Region will be notified thereafter.
5. Future promotions of such employees will be as per IA rules/regulations.”
19. Another meeting was held on 23.4.1998. The following attended the meeting :
MINISTRY OF CIVIL AVIATION
1. SH. M.K.Kaw, Secretary(CA)In the Chair.
2. Sh. A.P. Singh, Joint Secretary.
3. Smt. Vandita Sharma, Dy.Secretary.
4. Sh. R.S. Meena, Under Secretary.
5. Smt.Rajni Taneja, Section Officer.
INDIAN AIRLINES LT. MANAGEMENT
6. Sh. P.C. Sen, Chairman and Managing Director.
7. Cap. J.R.D.Rao, Deputy Managing Director.
8. Sh. S.D. Arora, Dy.Managing, Director.
9. Sh. Gurdip Singh, Director(Pers.)
10. Sh.V. Kashyap, Ex.Director (SHOD).
TECHNICIANS
11. Sh. S.K. Singh, M/Technician.
12. Sh.Amit J. Sharma, M/Technician.
GENERAL CATEGORY OFFICERS
13. Sh. Abhay Pathak,Managr(Comm)
14. Sh. Ashok K.Parmar, Manager(Comm). GENERAL CATEGORY STAFF
15. Sh. Adesh Chaturvedi (Indian Airlines Employees Cong.)
16. Sh. S.P.Shukla, Vayudoot Karmchari Sangh.
TRAINEE PILOTS
17. Sh. Manoj Kumar Dutta
18. Sh. Manoj Kumar
AIR HOSTESSES
19. Ms. Denna Barua
20. Ms. Divya Vardhan
21. Ms. Aradhana Jain
OTHERS
22. Ms. Sameena Ahmed,
Vayudoot Karmchari Sangh,
23. Dr.S.S.Imam, M.Technician.
24. Sh.K.S.Mishra, Sr.Technician.
25. Sh.S.S.Chandel, Supdt.
26. Sh.S.R.Zaidi, Sr.Store Techn.
27. Sh.Jagjit Singh, Sr.A/c Technician.
28. Sh.Suresh Kumar, Sr.OA.
29. Sh.Sanjai Misri, Dy. Manager(C)
30. Sh.Anand Pandey, Dy.Manager(C)
20. Following was minuted in the meeting :
“A meeting was convened on 23rd April, 1998 at 3.00 p.m. to discuss the issues relating to the demands of the employees of Short Haul Operation Department (SHOD) of the Indian Airlines. The list of participants is annexed.
After careful consideration and detailed discussions with the management of the I.A., and the representatives of various categories of employees of Short Haul Operations Department of the Indian Airlines, the following decisions were taken pertaining to each category:-
TRAINING PILOTS
1. There were four trainee pilot at the time of merger of Vayudoot with Indian Airlines but their training could not be completed due to the merger. It was pointed out in the meeting that these pilots have neither been used for any work nor was their training completed or any compensation given to them. M.D., Alliance Air made an offer to consider these pilots for the post of Flight Operations Assistants. The representatives of the Trainee/pilots could not give a decisive reply in the meeting. As such, no final decision could be taken.
GENERAL CATEGORY OFFICERS
2. The representatives of the general category officers have demanded the issuing of Proforma Promotions for SHOD Officers after their lateral absorption in other Departments of Indian Airlines with effect from 1st December, 1994. However, keeping with the general principle being followed in the other cases of aircraft engineers and general category staff, it was suggested that the general category officers should be placed at the bottom of each grade and in their respective departments as on 10th March, 1998. However, their designation, status, pay and allowances would be protected by Indian Airlines in their respective departments. The representatives of the SHOD officers could not reach a conclusive decision on this offer in the meeting.
TECHNICIANS:
3. The Technicians have demanded that their seniority be counted from the date of joining in the erstwhile Vayudoot with proper career progression. It was also pointed out by them that Indian Airlines Management gave them an undertaking at the time of merger that the Aircraft Technicians will not be placed at the induction level. In case, their demand was not accepted, they preferred to remain in SHOD CMD. IA desired to take a week’s time to discuss their issue with IAIA so that some perceptible solution could be found in their case as well.
4. It was, however, decided that their position could be discussed again after the receipt of Indian Airlines report in the matter on whether they could be inducted in their respective grade and rank as on 10th March, 1998 with protection of their status, designation and pay and other allowances or allowed to continue in SHOD with career progression.
GENERAL CATEGORY STAFF
5. In the last meeting held on 10th March,1998, it was decided that the general category staff of the SHOD will be placed at the bottom of each grade in their respective Departments as on 10th March,1998. No representative of this category was present in the last meeting, they have now stated that the cut-off i.e. 10th March,1998 is not suitable to them as it will result in a long delay in their promotions. They, therefore, desired to continue in SHOD with proper career progression.
6. In view of the above, it was decided that the General category of staff may be offered on voluntary basis to merge with Indian Airlines as on 10th March,1998 at the existing grade with protection of their pay and past service and other benefits etc. as per I.A. Rules.”
21. It would be noted from the facts aforesaid that a final decision could not be reached.
22. When the process of negotiations was on and to some extent a few issues pertaining to some category of employees stood partially concluded, vacancies arose to the post of Manager (Commercial) under Indian Airlines. Feeder post was the post of Deputy Manager (Commercial). The Deputy Managers (Commercial) under Vayudoot Ltd. who were absorbed as Deputy Manager (Commercial) in the Short Haul Operations Department of Indian Airlines filed WP(C) 723/98 and WP(C) 931/98. Their main grievance was that Indian Airlines was acting illegally in only considering Deputy Manager (Commercial) working in the Indian Airlines for the purpose of promotion to the post of Manager (Commercial). As per the said petitioners, they had a legal right to be considered for promotion. Crux of the pleadings of the petitioners in the two writ petitions being WP(C) 723/98 and WP(C) 931/98 may be extracted from the pleadings in WP(C) 931/98. (It may be noted that substance of the pleadings in the two writ petitions WL(C) 723/98 and WP(C) 931/98 was identical). In paras 11, 12, 15 and 17 as well as in Grounds ‘D’ and ‘E’ of WP(C) 931, petitioners pleaded as under :
“11. It is submitted in the circumstances mentioned above though admittedly Vayudoot has been merged in Indian Airlines all the properties belonging to Vayudoot including aircraft, all assets and liabilities including machinery, land space at Airports along with shares which Vayudoot was having earlier to its merger have been transferred in favor of Indian Airlines. The employees of Vayudoot have also been absorbed in Indian Airlines. The petitioners on a term known as “secondment” have also been directed to work in various Departments of Indian Airlines. The Short Haul Operations Department which was created at the time of the merger of Vayudoot in Indian Airlines is not carrying any commercial activities. The petitioners are thus working in various departments of Indian Airlines since 1994 onwards and they have already completed about four years of service even in Indian Airlines and their services have been directed to be governed by regulation and standing orders as framed/amended from time to time by Indian Airlines Limited. However, merely to deprive the petitioners of their right to get further promotions as has been given to the employees similar situated in different departments of Indian Airlines, the respondents illegally and arbitrarily created a new Department known as Short Haul Operations Department (S.H.O.D.) though admittedly, this department is carrying no commercial or any other type of activity and all the employees have been directed under the term “secondment” in other departments of Indian Airlines. The net result is that though the petitioners have been working in different departments of Indian Airlines since a period of about 3 to 4 years on the post of Deputy Manager (Commercial) and they have also worked for a consideration period of 5 to 7 years in Vayudoot also, however, they have been denied of their right to be considered for promotion on the post of Manager (Commercial). Some persons junior to the petitioners who were promoted on the post of Deputy Manager two to three years back have been directed to be considered for the post of Manager (Commercial) against the existing vacancies. The petitioners cannot be denied their right to be considered for promotion to the post of Manager (Commercial) merely because a new Department known as S.H.O.D. has been created by the respondent, although, the petitioners have been discharging their duties in different Departments in Indian Airlines under the terms “secondment”. The said Department known as Short Haul Operations Department has been created merely to deprive the petitioners of their right to have further promotion like their colleagues in other Departments of Indian Airlines, though this Department is not carrying commercial or any other type of activities and it is almost a nonest Department. The only function of this Department is to issue salary cheques to the petitioners and other persons who have been absorbed in Indian Airlines after the merger of Vayudoot in Indian Airlines.”
“12. It is submitted that by creating a new Department known as Short Haul Operations Department the respondents have caused stagnation in the service prospects of the petitioners inasmuch as that since this Department is not carrying any activities there is no likelihood of any progress promotion in service career of the petitioners.”
“15. It is submitted that even if it is assumed that the service rendered by the petitioners in Vayudoot is not likely to be reckoned for the purpose of further promotion and career progression the petitioners are entitled to be considered for their promotion on the post of Manager (Commercial) on the basis of service rendered by them in different Department of Indian Airlines since the date of their absorption in Indian Airlines.”
“17. It is submitted that in fact the purpose of the respondents for conducting interview for promotion on the post of Manager (Commercial) from the post of Deputy Manager (Commercial) is only to prepare select panel likely to be operated for a further period of one year to fill up all the existing as well as the vacancies which are likely to occur in future. Thus, if the petitioners hereinabove are allowed to be ignored, the petitioners are likely to be denied promotion on the post of Manager (Commercial) for another 10 years as there is no likelihood that in another one decade some more vacancies for the post of Manager (Commercial) will occur. Thus the petitioners would be denied their right to be considered for promotion on the post of Manager (Commercial) for another 10 years in case they are allowed to be ignored this time.”
“Ground D:
Because at the time of merger of Vayudoot in Indian Airlines the Government of India, Ministry of Civil Aviation has given solemn undertaking and assurance through various letters as well as absorption letters issued to the petitioners that the services rendered by them in Vayudoot shall be reckoned for all purposes including for the purpose of their further promotion in higher scales or grade. However, at present the respondents are going back from their assurance given to the petitioners. The respondents are bound by promissory estoppel. Once the assurance has been given by the respondents the respondents cannot be allowed to back out from the undertaking/assurance.”
“Ground-E :
BECAUSE the petitioners are entitled to carry on their services rendered by them in Vayudoot with them in Indian Airlines as Vayudoot as a whole including its employees has been merged in Indian Airlines. Neither the petitioners can be denied of their right to be considered for promotion in higher grade nor they can be denied of their right to get the benefit of the services rendered by them in Vayudoot.”
23. Opposing the pleading aforesaid, stand of the Indian Airlines and the Union of India as per the counter affidavit filed was as under :
“Instructions of the Ministry of Civil Aviation, the circular of Vayudoot and the offer of absorption from the Short Haul Operations Department clearly provided for the following:-
i) Vayudoot would be retained as a clearly identifiable separate division of Indian Airlines called the ‘Short Haul Operations Department’.
ii) The services rendered in Vayudoot would be reckoned only for the purpose of Gratuity, Provident Fund, Loans and Advances, Medical Facilities and SOL passages. Protection of basic pay and transfer of leave balance was also provided.
iii) The seniority of Vayudoot employees absorbed in the SHOD of Indian Airlines was to be maintained separately in the SHOD.
iv) Absorbed employees were not to be transferred to any Department of Indian Airlines Limited and they were required to work in any station where the SHOD was to operate. However, Indian Airlines could utilise their services in other Departments for a limited period due to exigencies of work.”
“The offer of appointment clearly stipulated the maintenance of separate seniority distinct from the mainstream employees.”
“The Employees of Vayudoot Limited who were absorbed/appointed in the Indian Airlines have been given the benefit of Indian Airlines pay scales and all benefits provided for in Government instructions issued on the 24th of May, 1994.”
“I say that the issue of merger of seniority of employees in SHOD and Indian Airlines has been raised from time to time and has been a subject matter of discussions. The Secretary, Civil Aviation, Government of India has held meetings with representatives of the Management of Indian Airlines, representatives of SHOD on 10th March, 1998 and thereafter on 23rd April, 1998. The Ministry had attempted to seek solutions for permanent absorption of SHOD employees in the mainstream of Indian Airlines by taking one category of employees at a time. In respect of pilots, a decision has been taken that the SHOD line pilots will undergo training on Indian Airlines fleet and on getting the type endorsement, they will be placed at the bottom of the seniority of First Officers (Co-pilots). However, their past services will be counted for pay protection.”
“In respect of Aircraft Engineers, a decision has been taken that Aircraft Engineers of SHOD will undergo training on any of the Indian Airlines jet fleet as per requirement and after acquiring license endorsement will be placed at the bottom of the seniority of Aircraft Engineer’s grade in the “In respect of general category staff, it has been decided that the general category staff of SHOD will be placed at the bottom of each grade in the respective Departments as on 10th March,1998. Future promotions of such employees will be as per Indian Airlines Rules/Regulations. A Notification has also been issued to this effect vide reference No.HPD01/SHOD dated 21.4.1998, a copy of which is annexed hereto as Annexure-H. In respect of Aircraft Technicians and general category officers, solution has not yet been arrived at. It is, therefore, clear that action is already in hand by the Ministry of Civil Aviation to absorb various categories of SHOD employees in the mainstream of Indian Airlines. Since more than 95% of the employees of Indian Airlines are represented by various recognized Unions/Associations, and majority of them are of ‘workmen’ category as defined under the Industrial Disputes Act, it is imperative that the absorption process should involve a process of consensus building between SHOD employees and the recognised Unions/Associations of Indian Airlines. Indian Airlines Officers’ Association which is the representative body of the general category officers in Indian Airlines has expressed its view that SHOD officers should meet the eligibility criteria for appointment in Indian Airlines. The Indian Airlines Officers’ Association has also demanded that SHOD officers should be inducted only at the entry level, and not through lateral entry at each grade. However, no decision has been arrived at till date by the Ministry.”
“It is submitted that Indian Airlines has a well defined recruitment policy with eligibility criteria for different direct entry levels and also for promotions to various levels. In respect of Vayudoot Ltd., to the best of our knowledge, no such detailed rules and regulations were in vogue. Many of the officers of Vayudoot Ltd. who were absorbed in the Short Haul Operations Department of Indian Airlines do not possess the minimum laid down criteria as per applicable for appointment in Indian Airlines.”
“The petitioners, who are employees of Vayudoot cannot claim equality with employees of Indian Airlines. It is to be noted that in respect of employees of Vayudoot who have been appointed in Air India have been appointed only at direct entry levels and have taken the seniority at the bottom of the cadres to which they have been appointed. In respect of Line Pilots and Aircraft Engineers, as already stated at para 7, they would be placed at the bottom of the seniority of their cadres. In respect of general category of employees, they are to be placed at the bottom of each grade in the respective Department as on 10th march,1998. It can, therefore, be seen that in a number of categories, they have already accepted seniority at the bottom of the cadre in Indian Airlines. The employees of Vayudoot are not comparable with the employees of Indian Airlines and their absorption has been in a distinct, separate department and thus cannot allege any discrimination. The petitioners who were employees of Vayudoot have been absorbed in Short Haul Operations Department which is a separate entity and therefore, cannot compare their case with employees of Indian Airlines. It is submitted that the petition is, therefore, being rendered infructuous as unequals cannot be compared, much less, as a matter of right.”
24. A perusal of the reply filed by the Indian Airlines and the Union of India to the averments in WP(C) 931/98 would reveal that it was the specific stand of Indian Airlines that at the time of absorption, employees of Vayudoot Ltd. were retained as a clearly identifiable separate division of Indian Airlines called Short Haul Operations Department. All employees would be eligible to benefit of service for the purpose of gratuity, provident fund etc. for the service rendered under Vayudoot Ltd. They would be given the benefit of pay scales applicable to the employees of Indian Airlines in corresponding posts. It was further the categorical stand of Indian Airlines that the issues of merger of employees of Vayudoot Ltd., who were taken under Indian Airlines in a separate division i.e. Short Haul Operations Department was under consideration. It was specifically pleaded that meetings were held with the employees representatives of Indian Airlines and representatives of erstwhile employees of Vayudoot Ltd. Reference was made to the meetings held on 10.3.1998 and thereafter on 23.4.1998. It was further the categorical stand of Indian Airlines that the Ministry of Civil Aviation had attempted to seek solution for permanent absorption of Short Haul Operations Department employees in the main stream of Indian Airlines by taking one category of employees at a time.
25. Pleadings of Indian Airlines would further reveal that Indian Airlines had taken a categorical and clear stand in respect of different categories of employees of erstwhile Vayudoot Ltd. who were working in the Short Haul Operations Department of Indian Airlines. In respect of the pilots, it was categorically stated that a decision had been taken that Short Haul Operations Department pilots would undergo training on Indian Airlines fleet and would be absorbed in the cadre of pilots under Indian Airlines. But as far as seniority was concerned, they would be placed at the bottom of the seniority of first officers. It was clarified that past service would, however, be counted for pay protection. Similar was the decision pertaining to the integration of Aircraft Engineers.
26. As regards general category staff, it was the categorical stand of Indian Airlines that they had decided that the general category staff of Vayudoot Ltd. since taken in Indian Airlines, in the Short Haul Operations Department would be inducted at the corresponding posts but would be placed at the bottom of each grade in the respective department as on 10.3.1998. It was further the categorical stand of Indian Airlines that future promotions of these employees would be as per Indian Airlines Rules/Regulations. It was further clarified in the pleadings that the Indian Airlines Officers Association was opposing this proposal which was resulting in lateral entry of the employees of Vayudoot Ltd. in each grade. They were demanding induction at the entry level in the grade. It was categorically stated to the Court that on this issue no final decision could be arrived at.
27. Opposing the plea of the petitioners of WP(C) No.723/98 and WP(C) 931/98 that they have a right to placed at the appropriate seniority position by integrating them with their counter parts in corresponding posts under Indian Airlines, categorical averment was made by the Indian Airlines that this could not be accepted because under Indian Airlines there existed well defined recruitment policy with eligibility criteria for different direct entry level and also for promotion. Under Vayudoot Ltd. no such criteria or standard was prescribed and that is the reason, why employees of Vayudoot Ltd. could not be compared with the employees of Indian Airlines. It may be noted that these pleadings were made by Indian Airlines to justify the proposal to integrate the employees of the erstwhile Vayudoot Ltd. in corresponding posts but by placing them at the bottom of the seniority list after the last employee in the corresponding posts under Indian Airlines.
28. Indian Airlines Officers Association filed an application for impleadment for opposing the writ petition filed by the employees of Vayudoot Ltd. Said application being CM.No.7849/98 pleaded as under :
“It may be appropriate to point out that the staff of the Vayudoot taken for absorption in Air India has been put at the tail end of the cadre to which the particular staff belonged. This is in accordance with the well established principles of Service Jurisprudence which lay down that any person who comes as a result of take-over of some sick industry or department is to be treated as fresh entrant placing him at the tail end of the persons borne on the strength of the cadre. The principle has been so affirmed in various decisions by the Hon’ble Supreme Court and various high Courts including in the case of Gurmail Singh & others Vs. State of Punjab & others decided on 25.10.1990.
The applicant-association thus seeks to implead itself as a party respondent to safeguard the interests of its members in the aforesaid proceedings. The application deserves to be allowed in the interest of justice and for the reasons stated hereinabove.”
29. Thus, officers of Indian Airlines while opposing the two writ petitions justified placing employees of Vayudoot Ltd. at the bottom of seniority list at the corresponding posts held by them.
30. Considering the rival submissions, vide judgment and order dated 12.7.1999, WP(C) No.723/98 and WP(C) No.931/98 were dismissed. The decision accepted the legal proposition that since there were no recruitment rules under Vayudoot Ltd. and promotions were effected on ad-hoc basis, employees of Vayudoot Ltd. could not legally claimed lateral entry into the corresponding posts under Indian Airlines, in that, could not claim inter-se seniority based on the length of service on the post held. Decision to place them at the bottom of the seniority in the post held was recognised. It may be noted that issues centered around General Category Officers and that too qua the post of Deputy Manager (Commercial).
31. One would have expected that with the decision aforesaid, matter would have come to rest. Unfortunately, it lingered on. The reason for this was that in the minutes of the meeting dated 23.4.1998 it was noted that in the meeting dated 10.3.1998 where it was decided that the general category staff of the SHOD will be placed at the bottom of each grade, representative of SHOD in this category was not present. It was noted that SHOD employees desired to continue in SHOD with proper career progression. It was noted that no final decision could be reached.
32. Position as of 1998, when WP(C) No.723/98 and WP(C) No.931/98 were filed by the employees of Vayudoot Ltd., was that Indian Airlines, having absorbed employees of Vayudoot Ltd. had placed them in a clearly identifiable separate division named Short Haul Operations Department in terms of Government of India policy guidelines contained in the letter dated 25.5.1993 (noted in para 7 above) pursuant whereto the circular dated 24.5.1999 (noted in para 11 above) was issued. However, since employees of Vayudoot Ltd. were demanding complete merger, Government of India had constituted a Committee which had submitted a report towards the end of 1994, Indian Airlines had commenced negotiations with the workmen and officers of Vayudoot Limited and Indian Airlines pertaining to merger of cadres. Meeting held on 10.3.1998 (minutes whereof have been noted in para 7 above) had resulted in some decisions being taken with consent. Further meeting took place on 23.4.1998 (minutes whereof have been noted in para 20 above). Final decision eluded the parties. However, one thing stood crystalised. Indian Airlines had decided on cadre merger. It had wanted to apply the principle that employees of Vayudoot Limited be placed at the bottom of the seniority list below the employees of Indian Airlines in the respective posts. Employees of Vayudoot Limited were demanding seniority by lateral induction and including benefit of service rendered in the post.
33. With the dismissal of the writ petitions filed by the General Category Employees of Vayudoot Limited and their claim for being considered for promotion to higher posts in Indian Airlines cadre after fixing their seniority in the post held by them by giving them benefit of service rendered on the post being rejected, logical corollary would be that they would be placed at the bottom of the seniority list below existing employees of Indian Airlines if merger was to be implemented.
34. A meeting was held on 16.3.2000. Following decisions were reached :
1. In continuation of his meeting with IA officers and the representatives of SHOD employees on 29-2-2000, a meeting was taken by Secretary(CA) at 1600 hrs with the IA Management to finally discuss and resolve the issues relating to demands/grievances of employees of SHOD, IAL. The list of participants in the meeting is annexed.
2. Secretary, Civil Aviation expressed serious concern over the delay in deciding the merger of SHOD employees in the mainstream of Indian Airlines, although the Government had approved the merger of Vayudoot into Indian Airlines on 25-5-1993. This is also resulting in avoidable criticism in the Parliament and having a demoralising effect on the employees of Vayudoot without proper career progression. Secretary, Civil Aviation, therefore, directed Indian Airlines to take immediate necessary action to resolve the issues once for all. CMD, IAL also assured that the action will be ensured in a time-bound manner.
3. It was observed that a common type of offer had been made to all categories at the time of joining SHOD on 1-12-1994, which provided for their absorption in Indian Airlines as a separate entity under SHOD, in which their inter-se seniority of Vayudoot would be carried over and provided time-bound promotion as per their career progression. These employees would, therefore, have no other legal claim if SHOD is no merged with Indian Airlines. It was accordingly decided that:
(a) The employees of SHOD be offered to merge with the mainstream of I.A., only on voluntary basis, in terms/scales defined by IA taking all factors into consideration.
(b) Those opting against the merger be allowed to remain in SHOD, and the time-bound promotion as per their career progression under SHOD be released immediately by the I.A. Management.
(c) The date of merger of SHOD employees in the mainstream of IA be uniformly kept as 10-3-1998.
4. After detailed discussion, the following category-wise decisions were taken in the meeting within the framework indicted in para 3 above:-
(I) PILOTS
As decided in the meeting on 10-3-1998, all the SHOD pilots were required to undergo training on Indian Airlines’ aircraft and on getting DCCA endorsement, were required to be placed at the bottom of the First officers(co-pilot) in Indian Airlines. It is informed by the Indian Airlines representatives that out of 20 pilots, 10 pilots have been sent for training in two phases leaving only two pilots who were found medically unfit. Out of them one has been declared medically fit in July, 1999 and will be sent for training in due course. The pilots failing in 3 attempts, will be offered ground-job.
(II) EXECUTIVE PILOTS
Capt. A.K.Malhotra, the lone Executive Pilot has already successfully completed his Boeing endorsement training on 1-12-1999 and as advised by the Ministry, he is being sent on deputation to Alliance Air without insisting for de-secondment from DGCA on the same terms & conditions as applicable to the other deputationists of Indian Airlines.
(III) AIRCRAFT ENGINEERS
In the meeting held on 10-3-1998 it was decided that Aircraft Engineers will undergo training on any of the Indian Airlines Jet fleet as per requirement and after acquiring license endorsement will be placed at the bottom of seniority of Aircraft Engineers in the respective grade. It was informed in the meeting that out of 31 Aircraft Engineers, services of three Asstt. Aircraft Engineer have been terminated for having failed to acquire DGCA license and two ad hoc Asstt. Aircraft Engineers converted as Master Technicians. While six Aircraft Engineers have passed and five have failed, the remaining Aircraft Engineers are being sent for training in April-May, 2000.
On successful completion of their training and obtaining appropriate licenses/ endorsements, they will be absorbed at the bottom of the seniority in the mainstream of Indian Airlines as Aircraft Engineers in respective grades. The Aircraft Engineers who fail to obtain license in 3 DGCA’s attempts will be reverted back and provided alternative jobs with time-bound promotion and protection of pay, allowances and status.
(IV) GENERAL CATEGORY STAFF
The general category staff may be merged on voluntary basis with the mainstream of Indian Airlines Limited as on 10-3-1998 at the existing grade with protection of their pay and past services. Those having objections against the merger may be retained in SHOD and offered time-bound promotion as per their career progression.
(V) GENERAL CATEGORY OFFICERS
It was decided that the general category officers may be merged on voluntary basis with Indian Airlines as on 10-3-1998 in their respective grades and cadres with protection of their pay and past services. Those having objections against the merger may be retained in SHOD and offered time-bound promotion as per their career progression.
(VI TECHINICIANS
All the Technicians may be offered on voluntary basis to merge with IAL in the respective grades as on 10-3-1998 with protection of their pay and past service. They may be imparted appropriate training on the fleet of Indian Airlines aircraft in a time-bound manner. Those who are against the merger, may be retained in in SHOD and offered time-bound promotion as per their career progression.
(VII) TRAINEE PILOTS
The Trainee pilots of SHOD should be trained appropriately on IA aircraft in a time-bound manner and in those failing to pass the DGCA endorsement examination in three attempts should be treated on the same lines as trainee pilots of Indian Airlines.
(VIII) HELICOPTER PILOTS
Out of the two Helicopter Pilots one has since retired on 29-2-2000. The remaining one Pilot may be offered for appointment on deputation to PHHL so that his services are gainfully utilized. In case he is not appointed in PHHL, he may be offered ground duties in in SHOD/Indian Airlines with protection of his pay and past services.
(IX) EXECUTIVES
There are 10 Executives as on 1-3-2000 they may be placed at the bottom of the cadre of Indian Airlines Executives in their respective grades as on 10-3-1998 on voluntary basis with protection of their pay and past services. Those having objections against the merger, may be retained in SHOD and offered time-bound promotion as per their career progression.
5. Indian Airlines should take immediate necessary action and complete the exercise in a time-bound manner as per above decisions within a period of one month and furnish compliance report to the Ministry.”
35. Based on the minutes aforesaid, Government of India issued a memo dated 6.4.2000. Following was communicated :
“The undersigned is directed to forward herewith a copy of the minutes of the meeting held on 16.3.2000 at 1600 hrs. with the Indian Airlines Management on the subject mentioned above for immediate necessary action. It is requested that the exercise be completed in a time bound manner as per the decisions contained in the minutes within a period of one month and compliance report furnished to this Ministry.”
36. On 19.5.2000, Government of India issued another memo directing compliance of its memo dated 6.4.2000. Following was communicated :
“I am directed to refer to your letter No. HRD/OD/236 dated 8th May,2000 on the subject noted above and to say that the matter has been re-examined in this Ministry. You are advised to take necessary action as per the decision contained in the minutes issued by this Ministry vide letter of even number dated 6.4.2000. You are also advised to furnish a compliance report in the matter immediately without any further delay.”
37. Air India expressed some reservations qua the implementation of the decision minuted vide minutes dated 16.3.2000. It wrote letter dated 6.6.2000 to the Government of India. Reservation expressed was for induction of Vayudoot Employees at equivalent posts at the bottom. It was stated that this would be opposed by the employees of Indian Airlines. The letter stated that induction should be at the entry level in the grade and not post. Letter reads as under :
“Dear Shri Anurag Goel,
Secretary, Civil Aviation had taken a meeting on 16th March, 2000 on the issues pertaining to demand of SHOD employees. The minutes of the meeting were received under cover of Memo No.AV.18050/3/96-ACIA Vol.II dated 6th April, 2000. The minute as circulated did not exactly reflect the decision taken in the meeting.
It has been brought to my notice that one of the basic decision taken in the meeting was that the employees of SHOD would be given option to join at the entry point at the bottom of the seniority or alternatively they would continue to remain in SHOD. In case they opt for the latter, their career progression will be determined separately. The date of absorption will be taken as 10-3-1998 and in respect of licensed categories, the date of entry would be subsequent to their acquiring necessary license/qualification etc. The minute however reflected as if the decision was for horizontal entry in the respective grades, which is not a factual recording of the decisions. Notwithstanding this, implementation of such a decision, even if it is so taken, may not be possible as this is likely to be strongly resisted by Unions/Associations of Indian Airlines, other than possibly the ACEU, who had agreed to a horizontal merger.
Director HRD vide his letter dated 8th May, 2000 had sent to the Ministry a proposal for a revised draft of the minutes for approval. A communication dated 19.5.2000 has now been received saying that the matter has been reconsidered and Indian Airlines is advised to take necessary action as per decision contained in the original minutes.
This is to request you to kindly get the matter looked into personally and give suitable directions so that the minutes are amended as referred to above, to reflect the correct position of the discussion. Should you think it necessary, another meeting can be held at the level of Secretary, so that the matter can be discussed in its totality, keeping in view the broader ramifications. In view of the urgency to implement the decision taken at the Ministry, such a meeting may be held at the earliest.”
38. On 13.7.2000, The Government of India, once again directed compliance of it’s memo dated 6.4.2000. Following was communicated :
“I am directed to refer to the meeting taken by Shri Anurag Goel, joint Secretary on 22.6.2000 which was attended by you and GM (SHOD) on the above noted subject.
2. During the meeting, the reference received vide letter No.CMD/OO/226 dated 6.6.2000 from the CMD. IA was discussed. It was clarified that there is no need to modify the minutes of the meeting dated 16.3.2000 taken by the then Secretary (CA). It was, however, advised that IA may seek specific clarification on the decision taken in the meeting held on 16.3.2000, wherever required. Any response in the matter is still awaited.
3. You are, therefore, requested to take necessary action in order to implement the decisions of the meeting of 16.3.2000 and submit an action taken report immediately.”
39. Finally, on 5.2.2001, Indian Airlines issued the following notification :
“Consequent to the decision taken by the Ministry of Civil Aviation to merge the seniority of General Category Officers of SHOD in the mainstream of Indian Airlines Ltd. Voluntary basis, those officers of SHOD in the aforesaid categories who are desirous of merger of their seniority as on 10.3.1998 will be placed at the bottom of the respective grade/pay scales as on 10.3.1998 with protection of their pay and past service.
In pursuance to the above, you are advised to exercise your option for merger of your seniority with Indian Airlines Ltd. in the prescribed format to be submitted to the office of General Manager (Personnel) of the respective Region/Hqrs, through proper channel within 30 days of this notification.
Employees in respect of whom such an option is not received within the stipulated period, it shall be presumed that he/she has not opted to remain in SHOD. Such employees shall forfeit all claims for merger with mainstream. They will be retained in SHOD and offered time bound promotions as per their career progression.”
40. Two more notifications dated 5.2.2001 were issued. Vide these notifications options were sought from employees working in SHOD to exercise their options in terms of the notification noted in para 38 above. These two notifications read as under :
NOTIFICATION
Sub: Merger of Seniority of SHOD employees in the non-technical categories:-
Peon/Helper/Security - 2660-3500 Guard/Safaiwala/Daftry/ Photo-copy Operator Peon/Helper Security/ - 2940-3980 Guard/Safaiwala/Daftry/ Photo-copy Operator (Sr. Catg.)
Consequent to the decision taken by the Ministry of Civil Aviation to merge the seniority of SHOD employees in the mainstream of Indian Airlines Ltd., on voluntary basis, those employees of SHOD in the aforesaid categories who are desirous of merger of their seniority as on 10.03.1998 will be placed at the bottom of the respective grade/pay scales as on 10.03.1998 with protection of their pay and past services.
In pursuance to be above, your are advised to exercise your option for merger of your seniority with Indian Airlines Ltd in the prescribed format to be submitted to the office of the undersigned through proper channel within 30 days of this notification.
Employees in respect of whom such an option is not received within the stipulated period, it shall be presumed that he/she has opted to remain in SHOD. Such employees shall forfeit all claims for merger with mainstream. They will be retained in SHOD and offered time bound promotion as per their career progression.”