Telangana High Court
WP/434/2007 of B.A.Jhansi Rani Vs The Indian Airlines Limited, New Delhi, rep.by its on 24 December 2007
SRI JUSTICE N.V. RAMANA W.P. No. 434 of 2007 Oral order: By this writ petition, the petitioner seeks to declare the action of the respondents in not allotting work to fly as Cabin Crew as usual and on the flights that are piloted by the members of the Indian Commercial Pilot’s
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THE HON’BLE SRI JUSTICE N.V. RAMANAW.P. No. 434 of 2007
Oral order:
By this writ petition, the petitioner seeks to declare the action ofthe respondents in not allotting work to fly as Cabin Crew as usual andon the flights that are piloted by the members of the Indian CommercialPilot’s Association of Southern Region, as illegal, arbitrary, andunconstitutional and against the principles of natural justice, andconsequently direct the respondents to allot the work as usual asCabin Crew equally on par with the other Cabin Crew as was doneearlier.
The petitioner claims to be working as Cabin Crew for morethan 27 years with the Indian Airlines on their flights. The petitionerstates that at the instance of one Capt. Katrak, against whom shelodged a police report, which led to registration of a crime in FIR No.277 of 2006, dated 04.08.2006, respondent No.5-Indian CommercialPilots Association, passed a resolution directing its members not toundertake any flights on which the petitioner is one of the Cabin Crewmembers. The said resolution was communicated to respondent Nos.2 and 4 and others vide letter dated 11.10.2006. Basing on this letterof respondent No.5, it is the case of the petitioner that respondent Nos.1 to 4, namely officers of the Indian Airlines, are not allotting her workon the flights on which the members of respondent No.5 are piloting,and as a result of this, she contends that she is losing 30 hours permonth. Hence, she filed this writ petition praying for the reliefs statedin the introductory paragraph.
Pursuant to the orders dated 13.12.2007, respondent No.4
appeared before the Court in person along with the relevant record.
Heard the learned counsel for the petitioner, the learnedStanding Counsel for respondent Nos. 1 to 4-Indian Airlines and thelearned Standing Counsel for respondent No.5-Pilots Association.
Respondent Nos. 2 and 3 in the counters filed by them havetaken a stand that there are no guidelines as such regulating theallotment of flying hours of Cabin Crew and that they perform duties asassigned by Indian Airlines inasmuch as they are its permanentemployees. Though there are no guidelines framed for regulating theallotment of flying hours to Cabin Crew, respondent No. 4, whoappeared before the Court in person along with the record, produced acopy of the Flight Duty Time and Flight Time Limitations for CabinAttendants, issued by the Director General of Civil Aviation, in exerciseof the power conferred under Rule 133A of the Aircraft Rules, 1937 forinformation, guidance, and compliance by all concerned, to enhancesafety of operations, and in the matter of allotment of work to CabinCrew, they are following the said guidelines.
Para 4.1.1. of Flight Duty Time and Flight Time Limitations forCabin Attendants, which is relevant for our purpose reads as follows:
The maximum number of hours any domestic air carrier can schedule itscabin attendant members to do flight shall be as follows:i)30 hrs in any period of 7 consecutive days ii)125 hrs in any period of 30 consecutive days iii)1000 hrs in any period of 365 consecutive days.
Respondent No. 4 further submitted that in the matter ofallotment of work to the petitioner, they without reference to resolutionpassed by respondent No. 5, would strictly follow Para 4.1.1. of Flight Duty Time and Flight Time Limitations for CabinAttendants, and allot work as per the roster maintained by them.
In view of the above stand taken by respondent No. 4, which is placed on record, all the counsel agreed for disposal of the writ petitionwith the following directions:
Without reference to the resolution passed by respondent No.5,respondent Nos. 1 to 4, in the matter of allotment of work to thepetitioner, shall strictly adhere to Para 4.1.1. of Flight Duty Time andFlight Time Limitations for Cabin Attendants, and allot work as per theroster maintained by them.
Accordingly, the writ petition is disposed of. No costs.
Date: 24[th] December, 2007.KSR
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N.V. RAMANA, J.