In a setback to the Air India unions, the Bombay High Court today refused to stay the implementation of the Justice Dharmadhikari report on the merger of the erstwhile Indian Airlines and Air India.
Disposing of a bunch of petitions, the Court asked the unions to approach the Central Government Industrial Tribunal regarding lowering of salary allowances following the merger.
The court, however, upheld the unions' contention that the management should have issued notices to them under section 9 A of the Industrial Disputes Act before altering service conditions.
The order was passed by the bench headed by Chief Justice Mohit Shah which heard the petitions filed by the unions against the national carrier over the "arbitrary" change in service conditions of the pilots, engineers and other employees post merger.
Air India had set up a four-member committee under former Supreme Court judge Justice D M Dharmadhikari on the integration of workforce post the merger. The Committee submitted report to the Government in January 2012. The Union, however, contested the recommendations.
The HC had earlier, in response to one of the petitions, passed interim order asking authorities to keep the service conditions unchanged.
The unions had argued that the airline management could not unilaterally transfer employees to other departments of sister concerns.
In one of the petitions, Indian Commercial Pilots' Association representing the former Indian Airlines pilots had challenged the January 2013 notifications by the airline which provided for only 75 per cent of the arrears payable to the pilots till November 2012.
Earlier in November 2011, the Airline management had fixed pilots emoluments for 72 flying hours as well as the "lay over subsistence allowance". The pilots rejected the lower allowances and demanded full payment terming it as a move to alter service conditions.
