New Delhi, June 4
This is the final call for all overweight air hostesses employed with the Indian Airlines — cut the flab or be ready to be grounded. Hopes of a legal reprieve crashed today, with the Delhi High Court upholding the policy of the airlines to ground overweight crew.
Earlier, five air hostesses who were grounded for putting on excessive weight, had moved the court alleging that the action was arbitrary and illegal. Dismissing their petition, a bench headed by Justice A.K. Sikri held: “There is no unreasonableness or arbitrariness in the decision of the airlines.”
Rules prescribe different weight limits according to height and age. For an 18-year-old air hostess having a height of 152 cm, the maximum weight permissible is 50 kg while an air hostesses in the age group of 26 to 30 years and a height of 152 cm, the weight limit is 56 kg.
“Grace and concessions are not matters of legal right. They are matter of policy and we do not find any illegality,” the court said in its decision. The court had on May 5 reserved
it’s judgment on a bunch of petitions of Indian Airlines air hostesses challenging their grounding for being overweight. The air hostesses had also opposed the Airlines circular of withdrawing permissible overweight limit of three kg over and above the upper limit as laid down for the cabin crew.
Challenging the grounding, advocate Arvind Sharma, appearing for the petitioners, contended that the action was ‘arbitrary’ and ‘illegal’.
“There is no connection between weight and performance of duty when one is medically fit. Weight is not a criteria of fitness,” Sharma argued.
The petitioners had challenged the judgment of single bench of the High Court, which upheld the Airlines’ policy of grounding overweight air hostesses.
On the other hand, Additional Solicitor-General Gopal Subramanium, appearing for the Airlines, had contended that the action was justified.
“It is clearly mentioned in the contract that the job could be terminated in case air hostesses put on weight above the permissible limit. They have just been grounded on a condition that they would be allowed to fly after losing weight,” Subramanium said.
“Air crew has to be athletic to deal with any emergency and for that he or she has to be in good shape. That is the reason that not only maximum limit but minimum weight limits are also prescribed,” the Court said.
— PTI
