The Bombay High Court on Monday dismissed the petitions filed by Air India employees’ unions challenging the eviction notices issued by the airline asking them to vacate the staff quarters at suburban Kalina failing which it would deduct double penalty rent and damages from their salaries.
A bench of Acting Justice SV Gangapurwala and Justice Sandeep Marne has allowed Air India to initiate eviction proceedings under the Public Premises Act against those who refuse to vacate.
However, the court has asked the airline not to deduct penal rent or damages from the employees’ salaries for two weeks. The HC has stayed its order for two weeks to allow the employees to approach the Supreme Court.
The HC was hearing three separate petitions filed by All India Service Engineers Association, Air Corporation Employees Union and Air Corporation Employees Union, challenging the fresh eviction notices issued by the airline in the month of January. The notices to employees who haven’t vacated their residential quarters stated that penal rent of Rs10-15 lakh would be deducted from their December salaries.
The employees and the airline have been at loggerheads over vacating the quarters since last year. The airline had issued eviction notices, asking employees to vacate the premises by Sept 2022.
Last August, the employees challenged the eviction notices to over 3,000 employees. The bench headed by then Chief Justice Dipankar Datta had asked AI to decide on approaching the Central Government Industrial Tribunal (CGIT) for adjudicating its dispute with the employees. However, the government rejected the reference to CGIT without giving any reasons.
Hence, the employees filed a second petition in the HC challenging the unreasoned decision taken by the AI not to refer the dispute to the CGIT.
Quashing the AI decision, the HC had asked to pass a reasoned decision on referring the dispute to the CGIT. The HC had directed the Ministry of Labour, Central government, to “reconsider” and pass a “reasoned decision” on referring the dispute between Air India and its employees regarding accommodation, withdrawal of retirement benefits, penalty, etc. to CGIT under the Industrial Dispute Act.
However, the HC had granted liberty to the airline to initiate proceedings under the Public Premises (Eviction of Unauthorised Tenants) Act.
The airline once again rejected the reference to CGIT on flimsy ground.
Hence, the employees approached the HC for the third time. Their advocates AD Shetty and Mihir Desai submitted that notices have been issued to the petitioners that penal rent and an amount of Rs15 lakh would be deducted from the salary of each worker if they fail to vacate the premises.
The HC, in January, had restrained AI from deducting penal rent and damages.
On Monday, the HC dismissed the employees’ unions petitions but granted stay for weeks.
