The Bombay High Court on Thursday refused to grant relief to over 500 Air India (AI) employees who had challenged the eviction notices issued by the airline asking them to vacate their premises at Kalina.
A division bench of Chief Justice Dipankar Datta and Justice MS Karnik, however, restrained the airline from taking any coercive action against the employees till September 24, in view of the Ganesh festival, which is celebrated with great fervour in the state”.
“The employees are permitted to retain possession of their allotted premises till September 24. The respondents are directed not to take any coercive action as per the letter/ notice issued by them till September 24,” said the court.
Post-September 24, AI will be free to initiate action under the Public Premises (Eviction of Unauthorised Tenants) Act against the employees who fail to vacate their premises, said the court.
The order was passed in three different petitions filed by — Aviation Industry Employees Guild (AIEG), Air Corporation Employees Union (ACEU) and All India Service Engineers Association (AISEA) — challenging the airline’s eviction notice.
The court clarified that it was passing the order “in view of the changed circumstances”.
During the last hearing, additional solicitor general Anil Singh had informed the court that conciliation proceedings under the Industrial Dispute Act had failed and the conciliator had submitted a “failure report”.
The government of India (GoI) has been granted liberty to approach the Industrial Tribunal in case it feels the dispute is industrial in nature. It is open to the employees too to approach the Industrial Tribunal, said the HC, which has to decide on the dispute in accordance with the law.
Counsel for the employees, Ashok Shetty, urged the court that the relief be extended till Navratri and Diwali festivals, which was refused by the court.
The employees had approached the HC early this year seeking quashing of the airline’s notice issued in October last year and May this year asking them to vacate their allotted quarters by July 26 failing which penal action would be initiated. The penal provisions included recovery of Rs 15 lakh each from employees who have failed to vacate the place, double market rent, and withholding of retiral dues.
The employees contended that they were allotted the quarters under a leave and licence agreement which is a part of their service conditions. Hence, the employees cannot be asked to vacate the quarters without first issuing a Notice of Change as prescribed under the provisions of the Industrial Dispute Act, 1947.
The Kalina land, where the quarters are constructed, belongs to the Maharashtra government. It leased the land to the Airports Authority of India, which in turn handed over the lease to Mumbai International Airport Ltd (MIAL) when the airport was privatised.
In 1955, the AI constructed the first of these quarters. At present, there are four colonies housing over 1,600 families.
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