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SC sets aside HC order on A-I hostesses’ age limit

New Delhi, July 11
In a setback to Air-India hostesses’ fight for parity with men cabin crew in flying services, the Supreme Court today upheld the airliner’s rule banning them from air duty after the age of 50.

A Bench comprising Mr Justice Doraiswamy Raju and Mr Justice D.M. Dharmadhikari, which set aside a judgement of the Bombay High Court raising the flying age of Air-India (AI) hostesses from 50 to 58 years, made it clear that the HC order was reversed only in respect of the flying age of the air hostesses and “the remaining part of the judgement was left undisturbed and intact as valid.’’

The court said it would be open to the Central Government to enlarge the reference which had been made to the National Industrial Tribunal under Section 10 of the Industrial Disputes Act to specifically include adjudication of the dispute of Air-India and its employees inter se.

It also gave liberty to the air hostesses represented by their association to make their demands in the pending reference before the tribunal by seeking a fresh reference from the Central Government to adjudicate the matter.

“It would be then open to the tribunal to take a fair and just decision in accordance with the law after examining all aspects of the matter and considering Air-India’s business and administrative exigencies,’’ the court said.

The judgement came on a batch of appeals by Air-India, the Air Hostesses’ Association, the Air-India Male Cabin Crew Association and others.

While the air hostesses contended that the Air-India rules were biased against them and based on sex discrimination and therefore violative of Articles 14, 15, 16 of the Constitution, the airliner had challenged the HC judgement on the ground that the air hostesses and men cabin crew were different cadres and their recruitment age also differed.

Air-India said the recruitment age for the air hostesses was 18 years and for that of the men cabin crew was 22 years. — UNI
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