High Court dismisses petition challenging Air India merger
merisarkar news service April 21, New Delhi
HC dismissed the petition
The Delhi High Court on April 7, 2011, dismissed the petition challenging the merger of erstwhile Indian Airlines Ltd and Air India Ltd. The petition was filed by Air India Aircraft Engineers Associations of erstwhile Air India Ltd and All India Aircraft Engineers Association of erstwhile India Airlines Ltd.
These two engineers associations had filed a petition under the Companies Act 1959 on the ground that due process of law was not followed on merger as well as their impending wage arrears and other settlements.
While Air India Aircraft Engineers Associations entered into an MoU with NACIL (now Air India) towards their wage settlement on October 10, 2007. and withdrew their petition, the All India Aircraft Engineers Association continued to pursue the matter, even as it got derecognized by the management on May 26, 2010.
On April 7, 2011, when the case was listed for hearing before the Hon’ble Delhi High Court, no one appeared on behalf of the petitioner. The Hon’ble Court then dismissed the matter.
Meanwhile, Air India Board of Directors has constituted an independent Committee headed by Justice (Retd.) D N Dharmadhikari of the Supreme Court to address the various wage and HR related issues. This Committee, which has the approval of the Ministry of Civil Aviation, constitutes Prof Ravi Dholakia (IIM-Ahmedabad) and Shri Rajeshwar Dayal (Director Retd. DPE) as Members and Syed Nasir Ali as Member-Secretary.
The Committee's terms of reference include:
(a)To examine the principles of integration across various cadres and determination of level and seniority;
(b) To examine the principles of pay parity between all the employees of the erstwhile airlines;
(c) To examine and suggest harmonized working conditions of various categories of employees of erstwhile airlines depending upon the requirements;
(d)To examine the above a, b, and c in the light of the cost neutrality principle;
(e)To examine the principles governing the structure of pensioners schemes, death-cum-retirement gratuities and other terminal benefits having financial implications;
(f)To examine and make recommendations with respect to the general principle parameters of the different Productivity Linked Incentive schemes and bring them in line with airline practices;
(g)Any other related matter that would be referred to the Committee.
