Aviation Industry Contractual ... vs Chairman And Managing Director
2021 Latest Caselaw 910 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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

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


PETITIONER:

               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.

               BY ADV. SRI.K.S.HARIDAS

RESPONDENTS:

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

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

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

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

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



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

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.29040 OF 2020(D)

                                          2



                                    JUDGMENT

Dated this the 11th day of January 2021

This writ petition is filed seeking the following relief:

"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."

2. Heard the learned counsel for the petitioner and the

learned Standing Counsel appearing for respondents 1 to 3.

3. 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.

There will, accordingly, be a direction to the 5th 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 WP(C).No.29040 OF 2020(D)

hearing can be conducted through video conferencing or any other

appropriate means.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C).No.29040 OF 2020(D)

APPENDIX PETITIONER'S/S EXHIBITS:

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.