Altamas Kabir, J. - (1.) Leave granted.
(2.) Special Leave Petitions (Civil) Nos. 20668-20672 of 2007, Special Leave Petitions (Civil) Nos. 20679- 20682 of 2007 and Special Leave Petitions (Civil) Nos. 20773-20778 of 2007, have been taken up together for hearing and final disposal, inasmuch as, the facts in the several matters are the same, and the law involved is also the same. For the sake of convenience, we shall narrate the facts from Special Leave Petitions (Civil) Nos. 20668- 20672 of 2007, which have been filed by the Air India Cabin Crew Association and two others.
(3.) The common issue in all these matters is whether the promotional avenues and other terms of service of the pre-1997 cadre of Assistant Flight Pursers could be changed to their prejudice despite the provisions of the Air Corporation (Transfer of Undertakings and Repeal) Act, 1994 and, in particular, Section 8 thereof and also in view of the judgments of this Court in Air India v. Nergesh Meerza and Ors., (1981) 4 SCC 335, and Air India Cabin Crew Assn. v. Yeshaswinee Merchant and Ors., (2003) 6 SCC 277, along with the various agreements and settlement arrived at between the parties. The further question that arises is whether in the circumstances indicated, a policy decision of gender neutralization, which was prospective in nature, could be applied retrospectively to the pre-1997 cadre of Pursers and whether such application would be arbitrary and contrary to the provisions of Articles 14, 19 and 21 of the Constitution, as it upsets certain rights relating to promotion which had vested in Assistant Flight Pursers belonging to the pre-1997 cadre.;