Dharmadhikari, J. - (1.) This batch of appeals has been filed against the Division Bench judgment of the Bombay High Court dated 20/23-8-2002.
(2.) In a batch of petitions filed by respondents-Air India Air Hostesses Association and its members (shortly referred hereinafter as the respondent-Association), the High Court of Bombay has held that the age of retirement from flying duties of Air Hostesses at the age of 50 years with option to them to accept post for ground duties after 50 and up to the age of 58 years is discrimination against them based on sex which is violative of Arts. 14, 15 and 16 of the Constitution of India as also S. 5 of the Equal Remuneration Act, 1976 (for short the ER Act) and contrary to the mandatory directions issued by the Central Government under S. 34 of the Air Corporations Act, 1953 (for short Act of 1953).
(3.) On such declaration of retirement age of air hostesses from flying duties as discriminating compared to their male counterparts working with them on board of Air craft, the High Court went further in passing an alleged consensual order based on proposals in writing given by the employer-Air India which was alleged to have been accepted by other parties before the High Court. The operative part of the impugned judgment of Bombay High Court by which several reliefs were granted to the respondent association, needs reproduction:- (i) "The impugned letter of the 3rd respondent dated 24th December 1989 and circulars issued by Air India dated 23rd March 1990, 2nd March 1990 and 5th August 1991 as well as office order dated 12th January 1993 are hereby quashed and set aside; (i) Air India is directed to implement the directive dated 16th October, 1989 issued by the Union of India by permitting the petitioners to perform flying duties until they attain the retirement age of 58 years subject to medical fitness and weight check and further subject to the measures suggested by Air India and reproduced earlier in this Order; (ii) Air India is directed to pay to the petitioners the differential amount of salary from the date of grounding till the date of resumption of flight duties and 50% of the compensatory allowances as per column 9 of the proposal marked x to the air hostesses who were grounded prior to 31st December 1997 and 30% of the allowances for the air hostesses who were grounded on or after Ist January 1997; (iii) Air India is directed to comply with the above directions within a period of 12 weeks; (iv) Air India is directed to take steps to refix seniority of the cabin crew in accordance with this order and complete the work of refixation of seniority within 24 weeks; (v) Air India is directed to take steps to amend clause 30(1)(c) of the Certified Standing Orders in the light of the directions given by this Court; (vi) all Awards and settlements entered into between the management of Air India and the unions of cabin crew to stand modified to the extent they conflict with this order; (vii) Air hostesses will be entitled to the benefit under Section 192(2A) read with Section 89 of the Income-tax Act with regard to the amounts paid in arrears". ;