Case Note & Summary
The case involved a petition filed by a Deputy Chief Air Hostess of Air India, challenging the discriminatory retirement age policy that mandated employees of Indian origin to retire at 35 years, extendable to 45, while those of foreign origin could continue beyond 45. The petitioner sought to quash her retirement notice dated 28.02.1987, declare Regulation 46(1)(c) of the Service Regulations ultra vires, and assert her right to retire at 58. In response, Air India contended that it had not fixed a higher retirement age for foreign recruits and was phasing out such employees to restore uniformity. The court dismissed the petition, referencing the precedent set in Air India v. Nargesh Meerza, which had previously upheld the retirement age policy. The court found that the petitioner did not belong to a separate class and that her duties were similar to those of other Air Hostesses. It also ruled that Air India, as a State under Article 12, must adhere to Article 14 of the Constitution, even while complying with foreign laws. The court concluded that the policy was justified and did not warrant any changes, thus dismissing the petition.
Headnote
A) Constitutional Law - Discrimination in Retirement Age - Different retirement ages for Indian and foreign origin employees - Constitution of India, 1950, Articles 14 and 15 - The petitioner alleged discrimination in retirement age between Indian and foreign origin Air Hostesses, seeking to quash the retirement letter and declare the regulation ultra vires. The court held that the existing policy was consistent with prior rulings and did not warrant interference. (Paras 1-3) B) Constitutional Law - Definition of State - Air India as an instrumentality of the State - Constitution of India, 1950, Article 12 - The court affirmed that Air India is a State under Article 12 and cannot discriminate against Indian citizens. It emphasized adherence to Article 14 even while complying with foreign laws. (Paras 4-5) C) Employment Law - Promotion and Service Conditions - Different service conditions for Air Hostesses - Not applicable to foreign recruits - The court noted that Air Hostesses recruited abroad do not have the same promotional opportunities as those recruited in India, justifying the retirement age policy. (Paras 6-7)
Issue of Consideration
Whether the different retirement ages for employees of Indian origin and foreign origin in Air India are permissible under the Constitution.
Final Decision
The Supreme Court dismissed the petition, affirming that Air India’s retirement age policy was lawful and did not discriminate against Indian employees.
Law Points
- Discrimination
- Retirement Age
- Article 14
- Article 15
- Article 12
- Service Regulations
