Eviction notice: Bombay HC allows AI staff to occupy Kalina quarters only till Sept 24 citing Ganesh festival

The court further said that in view of “change of circumstance”, it cannot grant relief to the employee unions which had sought to quash and set aside eviction notices issued in October last year and May this year to nearly 1,600 employees.

“Since Ganesh festival is being celebrated widely by people of the state with passion and devotion, we permit unions to retain possession of their allotment till September 24. Till that date there will be no coercive action against them. After that date, action under the 1971 Act can be taken against those who fail to vacate the premises,” a division bench of Chief Justice Dipankar Datta and Justice Makarand S Karnik said.

The court also said that the Centre may approach the Industrial Tribunal by September 15 in case it feels the dispute is industrial in nature. The court, while disposing of the pleas, kept all other contentions of the petitioners open and said they are at liberty to approach the concerned tribunal seeking relief.

The bench passed a judgement in pleas by Aviation Industry Employees Guild (AIEG), Air Corporation Employees Union (ACEU), and All India Service Engineers Association (AISEA) representing over 500 member employees.

The employees approached the HC after then state carrier Air India, now owned by Tata Sons, issued a reminder notice on May 26 to the staff to vacate their quarters by July 26, failing which it would levy a fine of Rs 15 lakh on them apart from charging rent payable at double the market price. The staffers, through senior advocates Mihir Desai and Sanjay Singhvi and advocate Ashok D Shetty, argued that they were allotted quarters on leave and license basis and agreement for the same is part of their service conditions, therefore they cannot be asked to vacate the quarters without a ‘notice of change’ as per the Industrial Disputes Act, 1947.

Additional Solicitor General Anil Singh for the Centre informed that conciliation proceedings between the parties had failed. Senior advocate Kevic Setalvad and advocate Sneha Prabhu for Air India Limited (AIL) submitted that petitioner unions did not represent all staffers and their member employees were only licensees who did not have any interest vested in the property as ‘housing’ does not form part of their service conditions. It said the writ petitions were not maintainable as Air India was not a “State” under Article 12 of the Constitution.

The company said that on January 27 this year, the AIL was privatised and the six-month period to vacate the premises started then. It contended that notices to vacate the premises were issued as a part of disinvestment policy which was prompted since the airline was facing debts to the tune of Rs. 51, 554 crore as on September 30, last year and petitioners were attempting to ‘indirectly’ challenge such a policy.