Bombay High Court refuses to quash eviction notices against Air India employees; allows time till Ganesh Chaturthi to vacate staff quarters

The Bombay High Court on Thursday granted employees of Air India and other Unions time till the end of Ganesh Chaturthi celebrations on September 24 to vacate their staff quarters at Kalina in Mumbai..A bench of Chief Justice Dipankar Datta and Justice MS Karnik refused to quash the eviction notices challenged by three employees’ unions - the Aviation Industry Employees Guild (AIEG), Air Corporation Employees Union (ACEU) and All India Service Engineers Association (AISEA) - directing them to vacate their quarters at Kalina.However, the Bench gave liberty to the employees to vacate the premises until after the festival celebrations are over.“Since Ganesh Chaturthi is celebrated widely and passionately in Bombay, the employees are given time till September 24. Till then they can continue to reside in the quarters. But not beyond that. Till September 24, there won't be any coercive action against those who continue to reside in the house,” the Bench said..Around 1,800 employees of Air India residing in staff quarters of suburban Mumbai apprehended eviction after the Ministry of Civil Aviation last September issued directions to Air India regarding retaining of office accommodation.The airline asked the employees to give an undertaking that they would vacate the staff quarter premises within 6 months of the airline company’s disinvestment.The employees’ unions announced a strike and the dispute was referred to the labour commissioner for conciliation between the parties.However, before the conciliation officer could submit a report, the airline company issued eviction notices to the employees.In view of this, the employees were constrained to approach the High Court. The plea stated that the allotment of accommodation was provided till retirement or cessation of service according to Air India allotment rules.The petition also sought for leave to allow the employees who have been allotted accommodation as per the Air India Housing Allotment Rules to continue to stay therein till termination of their services. One of the grounds raised was that the airline could not seek vacation of flats till the conciliation proceedings come to a close. .During the course of hearing, which spanned for over a month, the company assured the Court that it will not take any coercive action against its employees for not vacating the premises before the stipulated deadline.The company assured that in the event the employees failed to vacate premises, the company would initiate appropriate proceedings under the Public Premises Act.The company informed the Court that out of the 1,800 employees, 70 percent had voluntarily executed the undertaking and around 300 occupants also vacated the premises after that. So the issue was limited to the remaining occupants. On merits of the case, the company had two fold submission.Primarily, it contended that the writ petition was not maintainable as Air India was not “State” under Article 12 of the Constitution.Secondly, it was argued that the petitioner-employees were only licensees who did not acquire any interest in the property..After hearing the parties extensively, the Court was informed that the conciliation proceedings between the parties had failed and the Bench accordingly proceeded to render a decision on the dispute on merits..[Read order]