Karnataka High Court
Sri Mukundan K vs The Chairman And Managing ... on 27 February, 2023
Bench: Alok Aradhe, Vijaykumar A Patil
-1-
WA No.5424 of 2017
C/W WA No.5425 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF FEBRUARY 2023
PRESENT
THE HON'BLE MR. JUSTICE ALOK ARADHE
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A PATIL
WRIT APPEAL NO.5424 OF 2017 (S-RES)
C/W
WRIT APPEAL NO.5425 OF 2017 (S-RES)
IN W.A. NO.5424/2017
BETWEEN:
1. SRI. VISWANATHAN .K
S/O LATE SRI V MADHAVAN NAIR
AGED 69 YEARS
RETD. SR. ACCOUNTS SUPERINTENDENT (FINANCE)
Digitally EMP NO.670375, INDIAN AIRLINES
signed by
RUPA V R/A VISWAKAMALAM , NO.4, 3RD MAIN
Location: High K R GARDENS, MURUGESHPALYA
Court of BANGALORE 560017.
Karnataka
2. SRI. BALAN C
S/O LATE SRI C K KURUP
AGED ABOUT 69 YEARS
RETD. CHIEF COMMERCIAL HELPER (COMMERCIAL)
EMP NO.544001, INDIAN AIRLINES
R/A USHES, NO. 15, 3RD CROSS
NEAR ROYAL PALM APARTMENTS
L.B. SASTRI NAGAR, HAL POST
BANGALORE 560017.
3. SRI. APPAIAH K B
S/O LATE. SRI. BELLIAPPA
RETD SECURITY GUARD- SENIOR HEAD (SECURITY)
EMP NO.508411 INDIAN AIRLINES
R/A BETTAGERI VILLAGE & POST
VIA MADIKERI, NORTH COORG DISTRICT
KARNATAKA STATE 571255.
-2-
WA No.5424 of 2017
C/W WA No.5425 of 2017
4. SRI ASOKAN P
S/O SRI PERUMAL
AGED 67 YEARS
RETD CHIEF OPERATOR (GROUND SUPPORT)
EMP NO.544035, INDIAN AIRLINES
R/AT NO. 9, SVT BUILDING, 2ND MAIN
2ND CROSS, LB SASTRY NAGAR
HAL POST, BANGALORE 560017.
5. SRI. AROCKIA SAMY M
S/O LATE SRI MADALAI MUTHU
AGED 66 YEARS
RETD SENIOR HEAD COMMERCIAL HELPER
(COMMERCIAL) EMP NO. 592048
INDIAN AIRLINES, R/A NO.58
10TH-A-CAROSS, R.A. ROAD
GUNDAPPA GARDEN, E.G.PURA
VIVEK NAGAR, BANGALORE 560047.
6. SRI. THIRUPALU V
S/O SRI K VENKATAIAH
AGED 66 YEARS
RETD SENIOR CHIEF COMMERCIAL HELPER
(COMMERCIAL) EMP NO.546208
INDIAN AIRLINES,
R/AT S4, AMRUTHA VILLA APARTMENTS
L.B. SASTRY NAGAR ROAD, NEAR RAMA TEMPLE
ANNASANDRAPALYA, VIMANAPURA POST
BENGALURU-560 017.
7. SRI. MEGARAJ R
S/O LATE. C R RAJAGOPAL
AGED 65 YEARS
RETD CHIEF COMMERCIAL HELPER (COMMERCIAL),
EMP NO. 641472, INDIAN AIRLINES
R/AT NO. 28, 2ND CROSS, 2ND MAIN
L.B. SASTRY NAGAR, NEAR ROYAL PALAM
APARTMENTS, HAL POST
BANGALORE 560017.
...APPELLANTS
(BY SRI. NARAYANA BHAT M, ADV.,)
-3-
WA No.5424 of 2017
C/W WA No.5425 of 2017
AND:
1. THE CHAIRMAN AND MANAGING DIRECTOR
AIR INDIA [NATIONAL AVIATION COMPANY
OF INDIA LTD.,]
AIR INDIA BUILDING,
NARIMAN POINT, NO.218
BADKBAY RECLAMATION
MUMBAI-400 021.
2. THE DIRECTOR (PERSONNEL)
AIR INDIA (NATIONAL AVIATION COMPANY
OF INDIA LTD.,) AIR INDIA BUILDING
NARIMAN POINT, NO.218
BADKAY RECLAMATION
MUMBAI 400021.
3. THE DIRECTOR (FINANCE)
AIR INDIA (NATIONAL AVIATION COMPANY
OF INDIA LTD), AIR INDIA BUILDING
NARIMAN POINT, NO.218,
BADKAY RECLAMATION,
MUMBAI 400021.
4. THE SECRETARY
INDIAN AIRLINES EMPLOYEES SELF
CONTRIBUTORY SUPERANNUATION PENSION
SCHEME, NACIL (IA), AIRLINES HOUSE
NO.113, GURUDWARA, RAKABGANJ ROAD,
NEW DELHI-110 001.
5. THE EXECUTIVE DIRECTOR (SOUTH)
AIR INDIA, NACIL (A) AIRLINES HOUSE,
MEENAMBAKKAM, CHENNAI 600027.
6. THE CHAIRMAN
LIFE INSURANCE CORPORATION OF INDIA
HEAD OFFICE, YOGAKSHEMA
JEEVAN BIMA MARG,
MUMBAI-400 021.
7. THE CHAIRMAN
LIFE INSURANCE CORPORATION OF INDIA
-4-
WA No.5424 of 2017
C/W WA No.5425 of 2017
HEAD OFFICE, YOGAKSHEMA
JEEVAN BIMA MARG, MUMBAI-400021.
...RESPONDENTS
(BY SRI. MOHAN KUMAR, ADV., FOR
SMT. K. SUBHA ANANTHI, ADV., FOR R1-R3
SRI. ROHIT B.J. ADV., FOR R6
R4 & R5 SERVED
V/O DTD:8/11/2021 R7 IS DELETED)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT, PRAYING TO SET ASIDE THE ORDER OF
THE LEARNED SINGLE JUDGE DATED 9.3.2017 MADE IN
W.P.NOS.12886-12889/2010 AND 12890-12893/2010 (S-RES)
AND GRANT THE APPELLANTS ALL THE RELIEFS PRAYED FOR
IN THE WRIT PETITION.
IN WA NO 5425 OF 2017
BETWEEN
1. SRI. MUKUNDAN K
S/O SRI K G NAIR
AGED ABOUT 62 YEARS
RETD. ASST.MANAGER (SECURITY)
EMP NO.376639, INDIAN AIRLINES
GF-6, A BLOCK, ALPINE APTS.,
GANGANAGAR, R T NAGAR (POST)
BANGALORE.
2. SRI A BABU
S/O LATE SRI A RANNANATHAPPA
AGED ABOUT 62 YEARS,
RETD. ASST.MANAGER (COMMERCIAL)
EMP NO.562203, INDIAN AIRLINES
NO.14, SREE VIGNESH NILAYA
2ND CROSS, POOJAPPA ROAD
R S PALYA, KAMMANAHALLI MAIN ROAD
BANGALORE-560033.
3. SRI SETHUMADHAVAN P K
S/O SRI KRISHNAPANIKAR
WA No.5424 of 2017
C/W WA No.5425 of 2017
AGED ABOUT 63 YEARS,
RETD.APRON SUPERVISOR
EMP NO.591696, INDIAN AIRLINES
NO.161, KALYANI SADANAM 9TH CROSS
ANNASANDRAPALYA EXTN.
VINAYAKANAGAR, P O VIMANAPURA
BANGALORE-560017.
4. SRI V K VIJAYAN UNNI
S/O LATE SRI A V MENON
AGED ABOUT 67 YEARS
RETD. SENIOR ACCOUNTS SUPERINTENDENT
EMP NO.546941, INDIAN AIRLINES
NO.645/1, SREERAM 3RD MAIN ROAD
VIBHUTHIPURA, RAMESHNAGAR
BANGALORE-560037.
5. SRI VASU RAMESAN
S/O SRI V K VASU
AGED ABOUT 68 YEARS
RETD. SENIOR MANAGER (GS)
EMP NO.614777, INDIAN AIRLINES
NO.103, GAUTHEM APT.,
1ST CROSS, 5TH MAIN, JAGADISH NAGAR
NEW THIPPASANDRA
BANGALORE-560075.
6. SRI T M GEORGE
S/O LATE SRI KOSHY MATHAI
AGED ABOUT 70 YEARS
RETD. CHIEF HELPER (COMMERCIAL)
EMP NO.546755, INDIAN AIRLINES
SMIJITH BHAVAN
NO.323/2, 8TH CROSS
ANNASANDRAPALYA
BANGALORE-560017.
...APPELLANTS
(BY SRI. NARAYANA BHAT M, ADV.,)
WA No.5424 of 2017
C/W WA No.5425 of 2017
AND
1. THE CHAIRMAN AND MANAGING DIRECTOR
AIR INDIA (NATIONAL AVIATION COMPANY
OF INDIA LTD.,),
AIR INDIA BUILDING
NARIMAN POINT
NO.218, BACKBAY RECLAMATION
MUMBAI-400021.
2. THE DIRECTOR (PERSONNEL)
AIR INDIA (NATIONAL AVIATION
COMPANY OF INDIA LTD)
AIR INDIA BUILDING,
NARIMAN POINT
NO.218, BACKBAY RECLAMATION
MUMBAI-40021.
3. THE DIRECTOR (FINANCE)
AIR INDIA (NATIONAL AVIATION COMPANY
OF INDIA LTD),
AIR INDIA BUILDING
NARIMAN POINT
NO.218, BACKBAY RECLAMATION
MUMBAI-40021.
4. THE SECRETARY
INDIAN AIRLINES EMPLOYESS SELF
CONTRIBUTORY SUPERANNUATION
PENSION SCHEME
NACIL(IA) AIRLINES SCHEME
NO.113, GURUDWARA RAKABGANJ ROAD
NEW DELHI-110001.
5. THE EXECUTIVE DIRECTOR (SOUTH)
AIR INDIA, NACIL(IA), AIRLINES HOUSE
MEENAMBAKKAM, CHENNAI-600027.
6. THE CHAIRMAN
LIFE INSURANCE CORPORATION OF INDIA
HEAD OFFICE, YOGAKSHEMA
WA No.5424 of 2017
C/W WA No.5425 of 2017
JEEVAN BIMA MARG
MUMBAI-400021.
.....RESPONDENTS
(BY SRI. MOHAN KUMAR, ADV., FOR
SMT. K. SUBHA ANANTHI, ADV., FOR R1-R3
SRI. ROHIT B.J. ADV., FOR R6
R4 & R5 SERVED
V/O DTD:8.11.2021 R7 & R8 ARE DELETED AT THE
RISK OF THE APPELLANTS)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT, PRAYING TO SET ASIDE THE ORDER OF
THE LEARNED SINGLE JUDGE DATED 14.3.2017 MADE IN W.P.
NOS.32175-176 & 32178 AND 32179-182/2014 (S-RES) AND
GRANT THE APPELLANTS ALL THE RELIEFS PRAYED FOR IN
THE WRIT PETITION.
THESE APPEALS COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ALOK ARADHE J., DELIVERED THE
FOLLOWING:
JUDGMENT
W.A.No.5424/2017 has been filed against an order
dated 09.03.2017and W.A.No.5425/2017 has been filed
against an order dated 14.03.2017 passed by the
learned Single Judge by which the writ petitions
WA No.5424 of 2017
C/W WA No.5425 of 2017
preferred by the appellants have been disposed of with a
direction that the case of the appellants shall be
regulated in terms of final outcome of
W.P.No.1858/2003 on the file of High Court of
Judicature at Bombay.
2. We have heard the learned counsel for the
parties at length. Taking into account the averments
made in the writ petitions, the learned Single Judge
ought to have dealt with the matter on merits instead of
directing that the disposal of the writ petitions filed by
the appellants shall be governed by disposal of
W.P.No.1858/2003 pending before High Court of
Judicature at Bombay. It ought to have been
appreciated that the appellants who were the petitioners
are required to be heard and their contentions are
required to be dealt with.
WA No.5424 of 2017
C/W WA No.5425 of 2017
3. Therefore, the impugned orders dated
09.03.2017 and 14.03.2017 are set aside. The learned
Single Judge is requested to adjudicate the controversy
involved in the writ petitions on merits.
Accordingly, the appeals are disposed of.
Consequently, the pending applications are also
disposed of.
Sd/-
JUDGE
Sd/-
JUDGE
RV
