Air India staff keep their homes this festive season

The Union government and Air India had however submitted that the petitioners’ claims were not maintainable, and they could seek remedies elsewhere

Mumbai: Over 500 employees of Air India can heave a sigh of relief as the Bombay high court has restrained the national carrier from forcefully evicting its employees and their families from residential quarters allotted to them in Kalina, till September 24.

A view of Air India Staff Housing Colony at Kalina in Mumbai. (Satish Bate/Hindustan Times)

The interim restraint has been imposed so that employees are not left homeless during the Ganesh festival. The HC has however permitted the airline to proceed with the eviction process as deemed by law and stipulated by the Public Property Act thereafter.

The petitioning employees, which include engineers and other staff of the airline, have been also been permitted to approach the appropriate tribunal for their rights on the government of India’s (GoI) decision to use the land belonging to the airline for monetisation to pay off debts of nearly ₹51,000 crore of Air India.

The division bench of chief justice Dipankar Datta and justice Makarand Karnik, which was hearing three petitions filed by the Aviation Industry Employees Guild (AIEG), Air Corporation Employees Union (ACEU) and All India Service Engineers Association (AISEA) representing more than 500 employees of Air India, had concluded hearing the petitions on August 23.

The petitioners sought a stay and setting aside GoI’s September 29, 2021, directive to the managing director of Air India indicating the centre’s intent to commercially exploit the Kalina property and two notices dated October 7, 2021 and May 26, 2022 issued by it to the employees asking them to vacate their quarters, without giving them a plausible reason for the sudden act.

The counsels for the petitioners -- Mihir Desai and Ashok Shetty -- had submitted that though they had invoked conciliation proceedings following the GoI directive, Air India had served them eviction notices. They also argued that pending the report of the conciliation officer, Air India had imposed a penalty on the petitioners and was also charging double the rent.

In view of this the petitioners were compelled to approach the HC.

The Union government and Air India had however submitted that the petitioners’ claims were not maintainable, and they could seek remedies elsewhere.

Advocate Kevic Setalvad for Air India had submitted that the airline was a government entity and hence was bound to abide by the directive of the centre. He also argued that the petitioners’ claims that the properties could not be monetised to pay off the debts was not valid as it was GoI’s decision.

After hearing the submissions, the bench had reserved its order. While reading the operative part of the order on Thursday the bench said, “In view of changed circumstances (failure report by labour commissioner), relief sought by petitioners cannot be granted. However, events subsequent to failure report demands justice.”

The bench referred to the upcoming Ganesh festival and noted, “Regarding Ganesh festival being celebrated by people of the state with passion, we permit unions to retain allotment of their possession till September 24. Till that date no coercive action for eviction will be initiated against them. Thereafter, action can be initiated in accordance with the public property act.”

The bench then directed the GoI to act as per the industrial dispute act by September 15 with regards to the claims of the petitioners, failing which consequential orders may be passed on that day.