{"id":58150,"date":"2004-05-21T00:00:00","date_gmt":"2004-05-20T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/indian-airlines-officers-assn-vs-govt-of-india-and-ors-along-with-on-21-may-2004"},"modified":"2018-12-21T07:01:25","modified_gmt":"2018-12-21T01:31:25","slug":"indian-airlines-officers-assn-vs-govt-of-india-and-ors-along-with-on-21-may-2004","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/indian-airlines-officers-assn-vs-govt-of-india-and-ors-along-with-on-21-may-2004","title":{"rendered":"Indian Airlines Officers Assn. vs Govt. Of India And Ors. [Along With … on 21 May, 2004"},"content":{"rendered":"
Delhi High Court<\/div>\n
Indian Airlines Officers Assn. vs Govt. Of India And Ors. [Along With … on 21 May, 2004<\/div>\n
Equivalent citations: 2005 (3) SLJ 275 Delhi<\/div>\n
Author: P Nandrajog<\/div>\n
Bench: P Nandrajog<\/div>\n<\/p>\n
<\/pre>\n
JUDGMENT<\/p>\n
Pradeep Nandrajog, J.<\/p>\n
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.\n<\/p>\n
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.\n<\/p>\n
3. Petitioners in WP(C) 931\/98  had claimed  the following reliefs :-\n<\/p>\n
“In  the circumstances mentioned above, it is most humbly and respectfully prayed that this Hon’ble Court may graciously be pleased to:-\n<\/p>\n
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;\n<\/p>\n
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;\n<\/p>\n
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.”\n<\/p>\n
4. Petitioners in WP(C) 723\/98 had also made a identical prayer.\n<\/p>\n
5. Petitio ners in the four captioned petitions, which are  being  disposed of by the present judgment,  respectively pray as under :-\n<\/p>\n
WP(C) 848\/01<\/p>\n
“(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.\n<\/p>\n
(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.\n<\/p>\n
(c) and issue such other writ or writs, orders  or directions as deemed fit and proper in the interest of justice.”\n<\/p>\n
WP(C) 1097\/2001<\/p>\n
“(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;\n<\/p>\n
(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.\n<\/p>\n
(c) and issue such other writ or writs, orders  or directions as deemed fit and proper in the interest of justice.”\n<\/p>\n
WP(C) 5618\/02 <\/p>\n
“(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.\n<\/p>\n
(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.”\n<\/p>\n
WP(C) 1430\/2001<\/p>\n
“(a) A writ of certiorari or any other appropriate writ for quashing all  the three notifications dated 5.2.2001 (Annexure P-8)<\/p>\n
(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.\n<\/p>\n
(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.\n<\/p>\n
(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.”\n<\/p>\n
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.\n<\/p>\n
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 :\n<\/p>\n
 “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:\n<\/p>\n
(i) Vayudoot should be merged with Indian Airlines instead of retaining the present form of joint ownership by Indian Airlines and Air India.\n<\/p>\n
(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.\n<\/p>\n
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:\n<\/p>\n
(i) Equity shares of Vayudoot Limited held by Air India will be transferred in favor of Indian Airlines on a token consideration.\n<\/p>\n
(ii) Vayudoot will be retained as a clearly identifiable separate Division of Indian Airlines.”\n<\/p>\n
8. The Ministry of Civil Aviation  and Tourism  issued the following communication  on 22.11.1993 :\n<\/p>\n
“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.\n<\/p>\n
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.”\n<\/p>\n
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 :\n<\/p>\n
“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:-\n<\/p>\n
(1)   Protection of basic pay.\n<\/p>\n
(2) Probation period and medical examination will be waived.\n<\/p>\n
(3) Appointment will be subject to three years’ satisfactory record of service.\n<\/p>\n
(4) Leave balance of the employees will be transferred to the new organisation.\n<\/p>\n
(5) Service rendered in Vayudoot will be reckoned for the purpose of gratuity, Provident Fund, loans and advances, medical facilities and SOL passages.”\n<\/p>\n
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 :\n<\/p>\n
“It has been decided to constitute a Committee to over-see the absorption process of Vayudoot employees.  The Committee will consist of the following.\n<\/p>\n
1. Sh.Prashant Mehta, Director, Ministry of Civil Aviation.\n<\/p>\n
2. Sh.S.C.Rastogi, Director (Persl.) Indian Airlines.\n<\/p>\n
3. Sh.P.C.K.Ravindran, Ex.Director, (P&A) NAA<\/p>\n
4. Sh.J.J.Rindani, Director (HRD), Air India, Bombay.\n<\/p>\n
5. Sh.N.V.Sridhar, Ex.Director, (Personnel) IAAI.\n<\/p>\n
6. Sh.S.D.Arora, Ex.Director, Vayudoot.\n<\/p>\n
7. Sh.S.N.A.Jaffery, Chief Manager (Corporate Affairs), Vayudoot, – Convenor.\n<\/p>\n
8. Cap.A.N.Azami, Officiating R.M., Vayudoot.\n<\/p>\n
9. Sh.S.P.Shukla, Sr.Traffic Asstt. Vayudoot.\n<\/p>\n
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.”\n<\/p>\n
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 :\n<\/p>\n
“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:-\n<\/p>\n
(1) Employees so absorbed in this Department will be given Indian Airlines’ Pay scales and other benefits being enjoyed by Indian Airlines employees.\n<\/p>\n
(2) There will be no inter-Departmental transfer between the Department mentioned above and other Departments in Indian Airlines.\n<\/p>\n
(3) Indian Airlines Recruitment & Promotion Rules as well as Service Conditions\/other Rules will apply to employees of the newly created Department.\n<\/p>\n
(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.\n<\/p>\n
(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:-\n<\/p>\n
i) Basic Pay will be protected.\n<\/p>\n
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.\n<\/p>\n
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 :-\n<\/p>\n
i) Sh.S.D. Arora,<\/p>\n
 Ex.Director, Vayudoot Ltd.\n<\/p>\n
ii) Sh.S.N.A. Jaffery,<\/p>\n
 Chief Manager (Corporate Affairs)<\/p>\n
 Vayudoot Ltd.\n<\/p>\n
Iii) Sh.Sekhar Ghose,<\/p>\n
 Sr.Dy.Industrial Relation Manager<\/p>\n
 Indian Airlines,<\/p>\n
Sh.S.N.A. Jaffery will be the Convener of the Committee.\n<\/p>\n
This issues with the concurrence of the Managing Director.”\n<\/p>\n
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 :\n<\/p>\n
“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:-\n<\/p>\n
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.\n<\/p>\n
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.\n<\/p>\n
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.\n<\/p>\n
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.\n<\/p>\n
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.\n<\/p>\n
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.\n<\/p>\n
7. In case you belong to SC community, any change in your religion at any stage should be immediately intimated to your Departmental Head.\n<\/p>\n
8. Your services with Vayudoot Limited will stand terminated from the date of your absorption in Indian Airlines Limited.\n<\/p>\n
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.”\n<\/p>\n
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.\n<\/p>\n
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 :\n<\/p>\n
“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.\n<\/p>\n
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.\n<\/p>\n
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.”\n<\/p>\n
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 :\n<\/p>\n
“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.\n<\/p>\n
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.\n<\/p>\n
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.\n<\/p>\n
However, for the following disciplines, the respective Departments of Indian Airlines will cater to the requirements of a Short Haul Operations Department:-\n<\/p>\n
(i) Planning.\n<\/p>\n
(ii) Civil Engineering<\/p>\n
(iii) Security<\/p>\n
(iv) Internal Audit<\/p>\n
(v) Medical for staff including CFMS\/REMS<\/p>\n
(vi) Public Relations<\/p>\n
(vii) Flight Safety<\/p>\n
(viii) Stores (Except local purchase)<\/p>\n
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.<\/p>\n
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.”\n<\/p>\n
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.\n<\/p>\n
17. Negotiations  were  held for the purpose of sorting out the differences.   At a meeting held on 10.3.1998, following was minuted :\n<\/p>\n
“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.\n<\/p>\n
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:-\n<\/p>\n
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:-  <\/p>\n
\n  \n\n Indian Airlines: 1023 employees\n \n\n Air India          :   311 employees\n \n\n<\/pre>\n
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:\n<\/p>\n
PILOT<\/p>\n
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.\n<\/p>\n
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.\n<\/p>\n
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.\n<\/p>\n
AIRCRAFT ENGINEERS<\/p>\n
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.\n<\/p>\n
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.\n<\/p>\n
TECHNICIANS <\/p>\n
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.\n<\/p>\n
GENERAL CATEGORY STAFF<\/p>\n
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.\n<\/p>\n
GENERAL CATEGORY OFFICERS<\/p>\n
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.\n<\/p>\n
SENIORITY<\/p>\n
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.\n<\/p>\n
Inter-se seniority of SHOD employees will be maintained while placing them in different cadres\/grades.”\n<\/p>\n
18. Based on the minutes aforesaid,  on 21.4.1998, Indian Airlines issued the following notification :\n<\/p>\n
“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 :-\n<\/p>\n
1. SHOD employees will be  placed at the bottom of the seniority of each respective  pay scale\/Department  as on 10th March,1998.\n<\/p>\n
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.\n<\/p>\n
3. On merger of  seniority, the seniority of employees will be maintained regionally.\n<\/p>\n
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:-\n<\/p>\n
i\/ Data Communication  Asstty\/DCO<\/p>\n
ii\/ Operators in GSD Deptt.\n<\/p>\n
iii\/ Technical Asstt.\n<\/p>\n
iv\/ Traffic Asstt.\n<\/p>\n
v\/ Stores & Supplies Asstt.\n<\/p>\n
vi\/ Operations Asstt.\n<\/p>\n
vii\/ Security Asstt.\n<\/p>\n
viii\/ Security Guard.\n<\/p>\n
ix\/ Loader<\/p>\n
x\/ Helper<\/p>\n
xi\/ Driver<\/p>\n
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.\n<\/p>\n
5. Future promotions  of such employees  will be  as per IA rules\/regulations.”\n<\/p>\n
19. Another meeting was held on 23.4.1998. The following attended the meeting :\n<\/p>\n
MINISTRY OF CIVIL AVIATION<\/p>\n
1. SH. M.K.Kaw, Secretary(CA)In the Chair.\n<\/p>\n
2. Sh. A.P. Singh, Joint Secretary.\n<\/p>\n
3. Smt. Vandita Sharma, Dy.Secretary.\n<\/p>\n
4. Sh. R.S. Meena, Under Secretary.\n<\/p>\n
5. Smt.Rajni Taneja, Section Officer.\n<\/p>\n
INDIAN AIRLINES LT. MANAGEMENT<\/p>\n
6. Sh. P.C. Sen, Chairman and Managing Director.\n<\/p>\n
7. Cap. J.R.D.Rao, Deputy Managing Director.\n<\/p>\n
8. Sh. S.D. Arora, Dy.Managing,  Director.\n<\/p>\n
9. Sh. Gurdip Singh, Director(Pers.)<\/p>\n
10. Sh.V. Kashyap, Ex.Director (SHOD).\n<\/p>\n
TECHNICIANS <\/p>\n
11. Sh. S.K. Singh, M\/Technician.\n<\/p>\n
12. Sh.Amit J. Sharma, M\/Technician.\n<\/p>\n
GENERAL CATEGORY OFFICERS<\/p>\n
13. Sh. Abhay Pathak,Managr(Comm)<\/p>\n
14. Sh. Ashok K.Parmar, Manager(Comm). GENERAL CATEGORY STAFF<\/p>\n
15. Sh. Adesh Chaturvedi (Indian Airlines Employees Cong.)<\/p>\n
16. Sh. S.P.Shukla, Vayudoot Karmchari Sangh.\n<\/p>\n
TRAINEE PILOTS<\/p>\n
17. Sh. Manoj Kumar Dutta<\/p>\n
18. Sh. Manoj Kumar<\/p>\n
AIR HOSTESSES<\/p>\n
19. Ms. Denna Barua<\/p>\n
20. Ms. Divya Vardhan<\/p>\n
21. Ms. Aradhana Jain<\/p>\n
OTHERS<\/p>\n
22. Ms. Sameena Ahmed,<\/p>\n
 Vayudoot Karmchari Sangh,<\/p>\n
23. Dr.S.S.Imam, M.Technician.\n<\/p>\n
24. Sh.K.S.Mishra, Sr.Technician.\n<\/p>\n
25. Sh.S.S.Chandel, Supdt.\n<\/p>\n
26. Sh.S.R.Zaidi, Sr.Store Techn.\n<\/p>\n
27. Sh.Jagjit Singh, Sr.A\/c Technician.\n<\/p>\n
28. Sh.Suresh Kumar, Sr.OA.\n<\/p>\n
29. Sh.Sanjai Misri, Dy. Manager(C)<\/p>\n
30. Sh.Anand Pandey, Dy.Manager(C)<\/p>\n
20. Following was minuted in the meeting :\n<\/p>\n
“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.\n<\/p>\n
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:-\n<\/p>\n
TRAINING PILOTS<\/p>\n
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.\n<\/p>\n
GENERAL CATEGORY OFFICERS<\/p>\n
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.\n<\/p>\n
TECHNICIANS:\n<\/p>\n
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.\n<\/p>\n
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.\n<\/p>\n
GENERAL CATEGORY STAFF<\/p>\n
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.\n<\/p>\n
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.”\n<\/p>\n
21. It would be noted from the facts  aforesaid that a final decision  could not be  reached.\n<\/p>\n
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 :\n<\/p>\n
“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.”\n<\/p>\n
“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.”\n<\/p>\n
“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.”\n<\/p>\n
“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.”\n<\/p>\n
“Ground D:\n<\/p>\n
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.”\n<\/p>\n
“Ground-E  :\n<\/p>\n
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.”\n<\/p>\n
23. Opposing the pleading aforesaid, stand of the Indian Airlines  and the Union of India  as per  the  counter affidavit filed  was as under :\n<\/p>\n
“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:-\n<\/p>\n
i) Vayudoot would be retained as a clearly identifiable separate division of Indian Airlines called the ‘Short Haul Operations Department’.\n<\/p>\n
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.\n<\/p>\n
iii) The seniority of Vayudoot employees absorbed in the SHOD of Indian Airlines was to be maintained separately in the SHOD.\n<\/p>\n
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.”\n<\/p>\n
“The   offer of appointment clearly stipulated the maintenance of separate seniority distinct from the mainstream employees.”\n<\/p>\n
“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.”\n<\/p>\n
“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.”\n<\/p>\n
“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.”\n<\/p>\n
“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.”\n<\/p>\n
“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.”\n<\/p>\n
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.\n<\/p>\n
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.\n<\/p>\n
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.\n<\/p>\n
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.\n<\/p>\n
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 :\n<\/p>\n
“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.\n<\/p>\n
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.”\n<\/p>\n
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.\n<\/p>\n
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).\n<\/p>\n
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.\n<\/p>\n
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.\n<\/p>\n
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.\n<\/p>\n
34. A meeting was held  on 16.3.2000. Following decisions were reached :\n<\/p>\n
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.\n<\/p>\n
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.\n<\/p>\n
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:\n<\/p>\n
(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.\n<\/p>\n
(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.\n<\/p>\n
(c) The date of  merger of SHOD employees in the mainstream of IA be uniformly kept as 10-3-1998.\n<\/p>\n
4. After detailed discussion, the following category-wise decisions were taken in the meeting within the framework indicted in para 3 above:-\n<\/p>\n
(I) PILOTS<\/p>\n
 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.\n<\/p>\n
(II) EXECUTIVE PILOTS<\/p>\n
 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.\n<\/p>\n
(III) AIRCRAFT ENGINEERS<\/p>\n
 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.\n<\/p>\n
 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.\n<\/p>\n
(IV) GENERAL CATEGORY STAFF<\/p>\n
 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.\n<\/p>\n
(V) GENERAL CATEGORY OFFICERS<\/p>\n
 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.\n<\/p>\n
(VI TECHINICIANS<\/p>\n
 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.\n<\/p>\n
(VII) TRAINEE PILOTS<\/p>\n
 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.\n<\/p>\n
(VIII) HELICOPTER PILOTS<\/p>\n
 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.\n<\/p>\n
(IX) EXECUTIVES<\/p>\n
 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.\n<\/p>\n
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.”\n<\/p>\n
35. Based on the minutes aforesaid, Government  of India  issued a memo dated 6.4.2000.  Following was communicated :\n<\/p>\n
 “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.”\n<\/p>\n
36. On 19.5.2000, Government of India  issued another memo directing  compliance of its memo  dated 6.4.2000. Following was communicated :\n<\/p>\n
 “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.”\n<\/p>\n
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 :\n<\/p>\n
“Dear Shri Anurag Goel,<\/p>\n
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.\n<\/p>\n
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.\n<\/p>\n
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.\n<\/p>\n
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.”\n<\/p>\n
38. On 13.7.2000, The Government of India, once again  directed compliance of  it’s  memo  dated 6.4.2000.      Following was communicated :\n<\/p>\n
“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.\n<\/p>\n
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.\n<\/p>\n
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.”\n<\/p>\n
39. Finally, on 5.2.2001, Indian Airlines issued the  following notification :\n<\/p>\n
“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.\n<\/p>\n
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.\n<\/p>\n
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.”\n<\/p>\n
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 :\n<\/p>\n
  NOTIFICATION<\/p>\n
Sub:  Merger of Seniority of SHOD  employees in the non-technical  categories:-\n<\/p>\n
 Peon\/Helper\/Security       - 2660-3500\n \n\n Guard\/Safaiwala\/Daftry\/\n \n\n Photo-copy Operator\n \n\n Peon\/Helper Security\/     -  2940-3980\n \n\n Guard\/Safaiwala\/Daftry\/\n \n\n Photo-copy Operator \n \n\n (Sr. Catg.)\n \n\n<\/pre>\n
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.\n<\/p>\n
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.\n<\/p>\n
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.”<\/p>\n","protected":false},"excerpt":{"rendered":"
Delhi High Court Indian Airlines Officers Assn. vs Govt. Of India And Ors. [Along With … on 21 May, 2004 Equivalent citations: 2005 (3) SLJ 275 Delhi Author: P Nandrajog Bench: P Nandrajog JUDGMENT Pradeep Nandrajog, J. 1. Source of dispute being common to all, the four captioned petitions, three filed by the employees working […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[14,8],"tags":[],"class_list":["post-58150","post","type-post","status-publish","format-standard","hentry","category-delhi-high-court","category-high-court"],"yoast_head":"\nIndian Airlines Officers Assn. vs Govt. Of India And Ors. 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