High Court of Bombay Examines Maintainability of Writ Petitions Against Air India Limited After Change in Status. Employees Challenge Dismissal, Stay of Orders, and Pension Scheme Cut-off Date, but Court Questions Whether Employer Remains Amenable to Writ Jurisdiction Under Article 226.

Writ petitions by employees of Air India Limited challenging employment actions including dismissal, stay of orders, and pension scheme applicability.

In WP 1876/2001: quash dismissal order dated 09.06.2000 and letter dated 14.06.2000, reinstate petitioner with full back wages and consequential benefits, declare caste certificate valid. In WP 809/2002: stay effect and operation of orders dated 06.08.2001 and 21.02.2002. In WP 1333/2002: extend pension scheme to employees retired before 01.04.1994.

Employees challenged adverse employment actions by Air India Limited; during pendency, employer's status changed, raising maintainability issue.

In WP 1876/2001, earlier Writ Petition No.2293 of 1999 was filed challenging show cause notice; stay granted by High Court was vacated by Supreme Court in SLP No.1477 of 2000; dismissal order was then passed. Other petitions had no previous decisions mentioned.

Whether writ petitions against Air India Limited are maintainable after change in its status Whether dismissal order passed against employee in WP 1876/2001 was without jurisdiction and non-est Whether caste certificate dated 30.05.1996 was valid and withholding of increments was illegal Whether pension scheme applicable to employees retiring after 01.04.1994 should be extended to those who retired before

Petitioner in WP 1876/2001 argued that disciplinary proceedings were victimization; Enquiry Committee exonerated him; caste certificate was valid per Andhra Pradesh circular; dismissal was without jurisdiction; High Court had directed continuance in service and dismissal would amount to contempt. Respondent contended that petitioner was appointed against reserved vacancy; previous caste certificate was not in prescribed format and not signed by competent authority; fresh certificate was found bogus; disciplinary authority disagreed with enquiry report and imposed dismissal. Petitioners in other writ petitions sought stay of orders and pension scheme extension; employer's change in status raised maintainability issue. Respondent questioned maintainability of writ petitions after Air India Limited ceased to be amenable to writ jurisdiction.

In all the three writ petitions the employer of the petitioners is Air India Limited, but the facts as well as reliefs claimed by them are distinct from one another. During the pendency of writ petitions the status of respondent employer, has undergone a change, as such the respondent-AIL is not amenable to the writ jurisdiction of this Court. The Hon’ble Supreme Court has set aside the order dated 18 September 1999, passed by this Court granting stay to the operation of show cause notice issued against the petitioner. The Enquiry Committee has recorded that, the petitioner was not guilty of the charges levelled against him, with further recommendation that the competent authority should review the career record of the petitioner.

Writ Petition No.1876 of 2001 was filed after earlier Writ Petition No.2293 of 1999 challenging show cause notice; High Court granted stay, which was vacated by Supreme Court in SLP No.1477 of 2000; dismissal order dated 14.06.2000 was passed; present petition filed with Chamber Summons No.284 of 2004 for amendment. Writ Petition No.809 of 2002 and Writ Petition No.1333 of 2002 were filed separately. On 21 June 2024, court noted change in employer status and directed listing on 15 July 2024 for hearing on maintainability. Judgment reserved on 30 July 2025 and pronounced on 25 August 2025.

• Companies Act, 1956: