Aviation Industry Contractual Employees Association v. Chairman and Managing Director

Kerala HC11 Jan 2021WP(C)/29040/2020

Case brief

AI extract

What is this about?

This writ petition sought a direction for the disposal of a representation regarding the leave policy on night shift and a stay on its implementation. The court directed the fifth respondent to consider the representation within two months with notice to the petitioner and after a hearing.

What did the court decide?

Direction to the fifth respondent to consider the petitioner's representation within two months and hear a representative of the Association.

Aviation Industry Contractual Employees… — Labour and Industrial Disputes | Kerala HC (2021)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

¶4

MONDAY, THE 11TH DAY OF JANUARY 2021 / 21TH POUSHA, 1942

¶5

WP(C).No.29040 OF 2020(D)

¶6

PETITIONER:

¶7

AVIATION INDUSTRY CONTRACTUAL EMPLOYEES ASSOCIATION NAYATHODE, NEDUMBASSERY, COCHIN, ERNAKULAM DISTRICT, REPRESENTED BY ITS SECRETARY K S YETHEESS, AGED 55 YEARS, S/O K P SANKARANARAYANAN NAIR, KIZHAKKE KOVILAKOM, AROOR P O, ALLEPPEY DISTRICT.

¶8

BY ADV. SRI.K.S.HARIDAS

¶9

RESPONDENTS:

¶10

1 CHAIRMAN AND MANAGING DIRECTOR AIR INDIA LIMITED, AIRLINES HOUSE, 113, GURUDWARA RAKABGANJ ROAD, NEW DELHI-110001.

¶11

2 THE GENERAL MANAGER (IR) AIR INDIA LIMITED, AIRLINES HOUSE, 113, GUIRUDWARA RAKABGANJ ROAD, NEW DELHI-110001.

¶12

3 THE GENERAL MANAGER(PERSONNEL) AIR INDIA LIMITED, HEADQUARTERS, AIRLINES HOUSE, 113, GURUDWARARAKABGANJ ROAD, NEW DELHI-110001.

¶13

4 THE CHIEF EXECUTIVE OFFICER AIR INDIA AIR TRANSPORT SERVICES LIMITED, HEADQUARTERS, AIR INDIA LIMITED, GSD COMPLEX, IGIA, TERMINAL-2, NEW DELHI-110037.

¶14

5 NODAL OFFICER AIR INDIA AIR TRANSPORT SERVICES LTD, COCHIN INTERNATIONAL AIRPORT, NEDUMBASSERY, COCHIN-68311.

¶15

R1-R3 ,SC, AIR INDIA - SRI. BENNY P.

¶16

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶17

WP(C).No.29040 OF 2020(D)

¶18

¶19

JUDGMENT

¶20

Dated this the 11th day of January 2021

¶21

This writ petition is filed seeking the following relief:

¶22

“Issue a writ of mandamus or any other appropriate writ order or direction directing the respondents 1, 4 & 5 to consider and dispose Exhibit P6 representation within a time frame to be fixed by this Hon'ble Court and direct the respondents to stay the implementation of leave policy on night shift until such disposal of Exhibit P6 representation.”

¶23

Heard the learned counsel for the petitioner and the

¶24

learned Standing Counsel appearing for respondents 1 to 3.

¶25

It is submitted by the learned counsel for the petitioner that Ext.P6 representation has been preferred before respondents 4 and 5 and the same is liable to be considered in accordance with law.

¶26

There will, accordingly, be a direction to the 5^th respondent to take up, consider and pass orders on Ext.P6 representation with notice to the petitioner and after hearing a representative of the petitioner-Association within a period of two months from the date of receipt of a copy of this judgment. It is made clear that the

¶27

WP(C).No.29040 OF 2020(D)

¶28

¶29

hearing can be conducted through video conferencing or any other

¶30

appropriate means.

¶31

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN

JUDGE

SVP

WP(C).No.29040 OF 2020(D)

¶37

¶38

APPENDIX

¶39

PETITIONER'S/S EXHIBITS:

¶40

EXHIBIT P1	TRUE COPY OF THE COMMUNICATION DATED 26.06.2014 SENT BY THE 2ND RESPONDENT.
EXHIBIT P2	TRUE COPY OF THE COMMUNICATION FROM THE GENERAL MANAGER, (PERSONNEL), AIATSL DATED 06.02.2015 REF NO. ID/08/137/COK/1626.
EXHIBIT P3	TRUE COPY OF THE REQUEST OF THE PETITIONER SUBMITTED TO THE MANAGEMENT DATED 10.03.2015.
EXHIBIT P4	TRUE COPY OF THE JUDGMENT DATED 08.04.2015 IN WPC NO.8396 OF 2015 OF THIS HON'BLE COURT.
EXHIBIT P5	TRUE COPY OF THE COMMUNICATION BEARING NO. HRD02/2016/95 DATED 18.06.2016 ISSUED BY THE MANAGEMENT OF AIATS WITH TYPED COPY.
EXHIBIT P6	TRUE COPY OF THE REPRESENTATION DATED 25/10/2020 SUBMITTED BY ASSOCIATION BEFORE THE RESPONDENTS 1,4 AND 5 THROUGH PROPER CHANNEL.
EXHIBIT P7	TRUE COPY OF THE DUTY ROSTER ISSUED FOR THE MONTHS OF AUGUST AND SEPTEMBER.
EXHIBIT P8	TRUE COPY OF THE DUTY ROSTER ISSUED FOR THE MONTH OF DECEMBER.
EXHIBIT P9	TRUE COPY OF THE LIST OF PETITIONERS.

Aviation Industry Contractual Employees Association v. Chairman and Managing Director

Case brief

What is this about?

What did the court decide?

Aviation Industry Contractual Employees Association v. Chairman and Managing Director

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

NO.905223 B Sergeant Pp Prince Hq Southern Air Command (Unit) Vs Union of India

Jyolsna G., Vs State of Kerala

C.K.Unnikrishnan Vs the Kerala State Civil Supplies Corporation Ltd. (Supplyco Ltd.)

C.C. Aboobacker Vs the State of Kerala

Zaheena, Vs the Assistant Chief Accounts Officer (Pen)

Neethi O.T. Vs State of Kerala