Ashim Kumar Banerjee, J. - (1.) FACTS : The respondent No. 1 was a cabin crew working in Indian Airlines Limited, the appellant above named. He had his moustache covering half of his face. He was given repeated reminders to trim his moustache in accordance with the Dress Code applicable for the cabin crew. He refused to do so on religious and customary ground. He was grounded for some time. Thereafter he was retired compulsorily after crossing 55 years of age applying Regulation 12. Before retirement he was given an opportunity to show cause. He replied to the show cause notice. The authority, however, was not satisfied with the reply and he was compulsory retired. He approached this Court by filing a writ petition. Proceeding before the learned Single Judge :
(2.) The learned Single Judge rejected his contention holding that Regulation 12 was rightly, applied in his case as he had crossed the age of 55 years. His Lordship, however, quashed the order of retirement considering the facts and circumstances after holding that the Dress Code so made applicable in his case was not valid on the day it was sought to be applied. Appeal :
(3.) The appellant preferred the instant appeal which we heard on the above mentioned dates. Contention of the appellant :;