HC turns down derecognition of union by Air India

Derecognition of Air Corporation Employees Union (ACEU) by Air India management, for going on strike last year has been set aside by the Delhi High Court (HC) which said it was done without following the due procedures.

Judge S Muralidhar set aside the decision after observing that principles of natural justice were not followed as the union was not provided an opportunity before taking any disciplinary action.

“The impugned order dated 26th May, 2010 derecognising ACEU is bad in law as it was passed without any showcause notice to the petitioner, ACEU and without affording the petitioner an opportunity of being heard,” the court said.

“Accordingly, the letter dated 26th May, 2010 which is ... Insofar as it derecognises the ACEU is set aside,” the court further added.

The High Court’s direction came on a petition filed by ACEU challenging Air India’s notice derecognising it for going on strike last year.

Air India management had on May 26, through a letter derecognised ACEU for allegedly harassing passengers, causing revenue loss and disrupting flights nationwide and to international destinations by going on strike.

The court said the derecognition notice issued be treated as a showcause notice and directed ACEU to respond within four weeks.

“The said letter dated 26th May 2010 will be treated as the showcause notice to the petitioner requiring it to show cause why it should not be derecognised by the respondent (Air India). The petitioner will reply to the said letter dated 26th May, 2010, within four weeks from today,” the court said.

ACEU and India Aircraft Engineers Association together had over 11,000 members under their banner of the total of around 30,000 workforce in the National Aviation Company of India.