IPG Vs Air India-Writ Petition

IN THE HIGH COURT OF DELHI AT NEW DELHI
(EXTRA ORDINARY ORIGINAL CIVIL JURISDICTION)
WRIT PETITION (CIVIL) NO. ______ OF 2020
IN THE MATTER OF:
INDIAN PILOTS’ GUILD …PETITIONER
VERSUS
AIR INDIA LIMITED & ORS. …RESPONDENTS
INDEX
S.No. Particulars Page Nos.
1. Notice of Motion 1
2. Urgent Application 2
3. List of Dates and Synopsis 3-6
4. Memo of Parties 7-8
5. Petition under Article 226 of the Constitution of India 9-38

along with Affidavits
6. Annexure P/1 39
Copy of authority letter in favor of Mr. Hari Shankar
7. Annexure P/2 40-46

Copy of the impugned Staff notice, dated 14.07.2020,
issued by Respondent No.1

Office Order, dated 20.03.2020, issued by the
Respondent

Letter, dated 06.07.2020, sent by the Petitioners to the
Respondent

Respondent
Respondent
12. Annexure P/7 59-152

Air India Employee Service Regulation
13. Application under Section 151 of the Code of Civil 153-156

Procedure, 1908 on behalf of the Petitioners seeking
exemption from filing of original documents along with
the supporting affidavit
14. Application under Sec 151 of CPC on behalf of the 157-164

Petitioners for Interim Relief till the final disposal of
the Writ Petition along with Affidavit
15. Application under section 151 of CPC on behalf of the 165-168

Petitioners seeking exemption from filing signed
petition, signed and attested affidavits, requisite court
fees
16. Vakalatnama 169
17. Proof of Service
THROUGH
(PRERNA KOHLI) (NEETIKA BAJAJ)

(BHARTI CHAWLA)
Counsels for the Petitioners
2, Palam Marg, Rear Building,
Vasant Vihar, New Delhi-110057
Tel No. : +91 9999646269
Email: neetika.bajaj@zeus.firm.in
Date: . .2020
Place: New Delhi
Undertaking: Respondents have been served. Email has been sent to Mr.
Lalit Bhasin for Respondent No 1, 2 and 3. For Respondent No. 4, Email
has been sent to Shri Ajay Yadav, Deputy Secretary. Kindly list it on the
date fixed i.e. ___________
PETITIONERS
Neetika Bajaj- Counsel
Bharti Chawla- Counsel
Email- neetika.bajaj@zeus.firm.in
Mobile No.- 9999646269
RESPONDENT – 1, 2 AND 3
Mr. Lalit Bhasin- Counsel
Email- lbhasin@gmail.com
Mobile No.- 9810181044
RESPONDENT – 4
Shri Ajay Yadav- Deputy Secretary
Email id – a.yadav@ias.ic.in
Phone no- 011 24610362, 011 2463 2950
1
IN THE MATTER OF:
Indian Pilots’ Guild …Petitioner
Versus
Air India Limited & Ors. …Respondents
NOTICE OF MOTION
Sir,
Enclosed herewith a copy of Petition under Article 226 of the Constitution of

India filed by the Petitioner which is likely to be listed on _________ or any
date, thereafter.
Please take notice accordingly.
Yours sincerely,
THROUGH

(BHARTI CHAWLA)
Vasant Vihar, New Delhi-110057.
Tel No. : +91 11 4173 3090
Email: zeus@zeus.firm.in
Date: . .2020
Place: New Delhi
Enclosed copy of Petition
Shri ____________
2
IN THE MATTER OF:
Versus
URGENT APPLICATION
To,
The Registrar,
High Court of Delhi,
Shershah Road,
New Delhi-110003.
Sir,
Kindly treat the accompanying Petition as an urgent one in accordance with Delhi
High Court Rules and Procedure and list it on __________ or at earliest
subsequent date for the grounds listed below.
THROUGH

(BHARTI CHAWLA)
Tel No. : +91 11 4173 3090
Date: . .2020
Place: New Delhi
3
LIST OF DATES AND SYNOPSIS
1. The Petitioner, by way of this present Petition, seeks to challenge the
manifest arbitrariness and illegality of the Scheme circulated vide Staff
Notices Nos. HPD02/LWP/420 & 421, dated 14.07.2020 (hereinafter
referred to as the “Impugned Scheme”), issued by Respondent No. 1
conferring disproportionate powers on its Chairman and Managing
Director to pass an order requiring an employee to go a compulsory
“leave without pay” for a period of six months or for two (2) years and
extendable upto five (5 years) (hereinafter referred to as the “impugned
action”).
2. Shortly after, Union of India declared nationwide lockdown on
24.03.2020, the Respondent No.1 issued Office Order, dated
20.03.2020, laying down the proposed steps in the wake of the
unprecedented crisis. The said Office Order inter alia directed to
implement 10% reduction in the allowances of its employees, except the
Cabin Crew, for a period of three months effective March, 2020.
3. The role and courage of the Petitioner body along-with other flying crew
staff has been acknowledged and lauded by the Hon’ble Minister of
Civil Aviation himself. However, instead of getting rewarded for risking
their lives in service for the nation, Respondent No.1 imposed a blanket
10% deduction in Allowances in respect of all the employees vide its
Office Order dated 20.03.2020.
4. In a bid to help the airline tide over the challenges brought about by the
COVID pandemic, the Petitioners suggested some measures to
streamline the costs and bringing in operational efficiency which is

4
crucial for the survival of the Respondent airline vide Letter dated
06.07.2020.
5. Subsequent to which, a series of four meetings (dated 04.06.2020,
05.06.2020, 08.07.2020 and 14.07.2020) took place between the
Petitioners and the Respondent to discuss the austerity measures that can
be adopted to keep the Respondent Airline afloat.
6. The Petitioner body along with the coordinate pilot body served a letter
dated 16.07.2020 summarising the discussions that took place with the
management during the course of the aforesaid meetings.
7. Immediately after dispatching the above stated letter dated 16.07.2020,
the Petitioners learnt about that the Respondent No.1 had issued a Staff
Notice, dated 14.07.2020, passing a Scheme of Compulsory Leave
without Pay (“the impugned Scheme”).
8. The impugned Scheme has been challenged for the following reasons:
i. The CMD of Respondent No.1 has given unfeterred powers to
send any employee on compulsory LWP for a disproportionate
period of six months or for two (2) years and extendable upto five
(5 years).
ii. No pay, allowances, statutory benefits and career progression
would be available during this period.
iii. The employee would be required to either vacate the company
given housing or pay market notified rent.
iv. The employee would be required to clear all loans and advances
taken from Respondent No.1 before being sent on compulsory
LWP.
5
v. This employee wouldn’t be allowed to take up job in any
government office or public sector undertaking.
vi. The employee would be required to take prior permission of the
Respondent in case he/she takes up a job in another aviation
company.
The impugned Scheme has come into effect immediately from 14.07.2020.
Despite the fact that there are no jobs in the market and it would be impossible
for anyone to sustain such a long period without any income, this scheme is a
direct on the right to life and livelihood of an individual and his/her family.
No procedure of hearing or review has been built in this impugned Scheme,
thus, violating the principles of natural justice. Hence, the present Petition.
S.No. Dates Particulars
1. 20.03.2020 Respondent No.1 imposed a blanket

10% deduction in Allowances in
respect of all the employees vide its
Office Order dated 20.03.2020.
2. 06.07.2020 The Pilot bodies suggested some
measures to streamline the costs and
bringing in operational efficiency
which is crucial for the survival of the
Respondent airline.
3. 04.06.2020, Meetings took place between the
05.06.2020, Petitioner and other employee
08.07.2020 and associations with Respondent No.1 to
14.07.2020 discuss the austerity measures that can
be adopted to keep the Respondent
Airline afloat.
3. 16.07.2020 Since no minutes were recorded for the
aforesaid meetings, the Petitioner body
along with the coordinate pilot body
6
served a letter, dated 16.07.2020,

summarizing the discussions that took
place with the management.
4. 14.07.2020 Immediately after dispatching the
above stated letter dated 16.07.2020,
the Petitioners learnt about that the
Respondent No.1 has issued a Staff
Notice, dated 14.07.2020, approving a
Scheme of Compulsory Leave Without
Pay with unfair, illegal and restrictive
terms.
5. 21.07.2020 Petitioner vide its letter raising their
grievance and registering their protest
against the absolutely unacceptable
terms of the impugned Scheme.
6. ________ 2020 The process of identification of
employees to be sent on Compulsory
leave without pay has already started
and there has been no response
forthcoming from the Respondents.
Hence, the present Petition.
7
IN THE MATTER OF:
Versus
MEMO OF PARTIES
INDIAN PILOT GUILD

Having its office at:
Transport Building, 1st Floor,
Near Operations Department, Old Airport,
Kalina, Mumbai- 400029
Email id- ipgaccess@gmail.com …Petitioner
VERSUS
AIR INDIA LIMITED

Through its Chairman
and Managing Director
Having its Office at:
Safdarjung Airport
Aurobindo Marg,
New Delhi - 110003
…Respondent No. 1
SHRI RAJIV BANSAL

Chairman and Managing
Director of Respondent No.1 ...Respondent No. 2
SHRI VINOD HEJMADI

Director Finance of Respondent No.1 …Respondent No.3
MINISTRY OF CIVIL AVIATIONS

Through its Secretary
Having its registered office at:
Rajiv Gandhi Bhawan,
Block B, Safdarjung Airport Area,
8
New Delhi-110003
Email id – a.yadav@ias.ic.in
Phone no- 011 24610362, 011 2463 2950 …Respondent No. 4
THROUGH

(BHARTI CHAWLA)
Vasant Vihar, New Delhi-110057.
Tel No. : +91 11 4173 3090
Date: . .2020
Place: New Delhi
9
IN THE MATTER OF:
Versus
WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF

INDIA SEEKING A WRIT OF CERTIORARI OR ANY OTHER
APPROPRIATE WRIT / ORDER OR DIRECTION IN THE NATURE OF
CERTIORARI FOR QUASHING COMPULSORY LEAVE WITHOUT
PAY SCHEME CIRCULATED VIDE STAFF NOTICES NOS.
HPD02/LWP/420 & 421, DATED 14.07.2020, ISSUED BY RESPONDENT
NO. 1, BEING IRRATIONAL, ARBITRARY AND VIOLATIVE OF THE
FUNDAMENTAL AND LEGAL RIGHTS OF THE PETITIONER
GUARANTEED UNDER THE CONSTITUTION OF INDIA
To,
The Hon’ble Chief Justice of High Court of Delhi at New Delhi and His
Companion Judges:
The humble petition of the Petitioner above

named
MOST RESPECTFULLY SHOWETH:
1. That the Petitioner is a registered Trade Union of the Pilots permanently
employed with Respondent No.1 and has more than 400 members.
Members of the Petitioner Union herein, principally fly Wide-Body
Airplanes (Boeing 777/787) of the Respondent No.1’s aircraft fleet.
Imperatively, most of the members of the Petitioner Union were employed

10
with the erstwhile Air India, which merged with erstwhile Indian Airlines
to form the Respondent No.1 i.e. Air India Limited. The present Petition is
being filed through its Authorized representative, Captain Hari Shankar,
Petitioner No. 2, a citizen of India. Mr. Hari Shankar is conversant with the
facts and circumstances of the present case, and is, therefore, competent to
file, maintain and verify the present Petition.
Copy of authority letter in favor of Captain Hari Shankar is annexed as
ANNEXURE P-1.
2. The Respondent No.1, through its Chairman and Managing Director, is a
Government of India Company enterprise and operates a fleet of Airbus and
Boeing aircrafts serving domestic and international destinations. Along
with the Petitioners, Respondent No. 1 employs Pilots of different cadre and
rank, across its fleet along with employing a large number of backend staff
in its various departments.
Respondent No. 2 is the Director Personnel with the Respondent No.1, and
is responsible for deciding and formulating recruitment of human resource
related policies and service conditions of the employees employed with
Respondent No.1.
Respondent No.3 is the Director Finance with the Respondent No.1. and is
responsible for the financial affairs of Respondent No.1 along with ensuring
efficiency in its operations and affairs.
Respondent No. 4 is the Ministry of Civil Aviation, Union of India through
its Secretary, which is responsible for formulation of national policies and

11
programs for the development and regulation of the Civil Aviation sector
in the country.
Respondents are State within the meaning ascribed to the term under Article
12 of the Constitution of India and hence are amenable to the writ
jurisdiction of this Hon’ble Court.
3. By way of the present Writ Petition, the Petitioner seeks to challenge the
manifest arbitrariness and illegality of the Compulsory Leave Without Pay
Scheme (hereinafter referred to as the “Compulsory LWP”) circulated
vide Staff Notices Nos. HPD02/LWP/420 & 421, dated 14.07.2020
(hereinafter referred to as the “Impugned Scheme”), issued by Respondent
No. 1 conferring disproportionate, and clearly illegal, powers on its
Chairman and Managing Director to pass an order requiring any employee
to go on a compulsory “leave without pay” for a period of six months or for
two (2) years and extendable upto five (5 years) (hereinafter referred to as
the “impugned action”) while denying them any pay, allowances, statutory
benefits, housing and restricting their career progression. The Impugned
Scheme further requires the employees selected to be sent on compulsory
LWP to clear all their loans and advances taken from Respondent No.1
while rendering them without any income and job for an overtly
disproportionate term during the current pandemic. Strangely, the
Impugned Scheme does not require the Respondent No. 1 to clear the
statutory dues of the employees. Thus, while the employee is practically
without a job and pay, theoretically, the Respondent No. 1 does not need to
meet its obligations to the employee who has been practically terminated
and rendered without a job. Further, the said Impugned Scheme is in

12
complete violation of law as well as principles of natural justice as no
process of representation or hearing is provided for and the Impugned
Scheme proceeds by bestowing upon themselves the absolute power and
discretion to send any employee on a mandatory leave without pay for a
disproportionately long period and on manifestly and unfair terms and
conditions, thereby infringing the fundamental and legal right of the
Petitioners and others in the permanent employment of Respondent No.1.
A copy of the impugned Staff Notice, dated 14.07.2020, has been attached
herewith as ANNEXURE P-2.
BRIEF FACTS:
The brief facts material to the filing of the present petition are as follows:
4. It is submitted that the Union of India declared nationwide lockdown on
24.03.2020 shortly after World Health Organisation (WHO) declared novel
COVID-19 as a global pandemic. Since the onslaught of the COVID
pandemic, the role of the flying crew (which includes pilots, cabin crew,
engineers and ground staff) of Air India Staff has been commendable and
has been lauded world over. Donning the hat of a frontline corona warrior,
the Petitioner body alongwith the other flying crew have successfully
conducted 2,449 flights and ferried 3,30,077 passengers safely around the
world under the Central Government’s Vande Bharat Mission. Under the
said Mission, the flying crew even conducted flights to cities worst affected
by COVID like Rome in Italy and Wuhan in China.

13
5. The pilots and cabin crew belonging to the Respondent airline have
extended their duty hours to an unprecedented 30 hours straight in a bid to
serve the nation during these difficult times. As a result of massive exposure
to the coronavirus, as many as 55 pilots have tested COVID-19 positive in
the line of duty even after taking precautions like pre and post flight COVID
tests. Every member of the flying crew was even required to self-isolate
after every flight.
6. Office Order dated 20.03.2020: The role and courage of the Petitioner
body along with other flying crew staff has been acknowledged and lauded
by the Hon’ble Minister of Civil Aviation himself. However, instead of
getting rewarded for risking their lives in service for the nation, Respondent
No.1 imposed a blanket 10% deduction in Allowances in respect of all the
employees vide its Office Order dated 20.03.2020. The cut in allowances
was made effective from March’20 for a period of three months effective
March, 2020. It is extremely pertinent to note that this blanket cut was
imposed without any application of mind in as much as it hurt one segment
of the employees of Respondent No.1 more than the other. Thus, the burden
of this cost cutting measure was distributed unequally amongst different
segments of the employees within Respondent No.1. Most importantly, the
employees performing “core functions” were subjected to the maximum cut
while the employees concerned with “support functions” were protected.
The Office Order is a shining example of the bureaucracy protecting its own
even at the cost of operational functionality, where the interests of a few
take precedence over the interests of the Airline itself and the general public
at large.
14
A copy of the Office Order, dated 20.03.2020, issued by Respondent No.1
has been annexed as ANNEXURE P-3.
7. It is submitted that to bring in perspective how the burden of this 10% cut
fell unevenly amongst different segments of the employees of Respondent
No.1, a brief description of various segments of an organization in the
aviation industry is presented below for the sake of clarity:
i. The core department of an airline is the flying crew which generates
revenue for the entire organisation. This segment consists of:
a. Pilots;
b. Cabin Crew;
c. Engineering staff to keep the aircrafts airworthy; and
d. Ground Staff
ii. The other segment of an aviation company consists of support
functions that typically includes HR, Finance, etc. – this segment is
classically an expense – incurring which depends on the core
segment for its income.
iii. The core department consist of 1874 pilots, 4648 cabin crew along
with engineers and ground staff to operate a fleet of 125 Aircrafts.
iv. In stark contrast, Air India has more than 1600 employees in HR and
finance for the present fleet while a leading private carrier operating
a fleet of 255 aircrafts has a strength of 250 employees in finance and
130 employees handling the HR department. Unlike Air India, most
successful airlines follow a very lean ratio as far as support function
versus number of aircraft is concerned.

15
8. It is absolutely essential to highlight that the allowances make up almost
80-90% of the salaries of the flying crew and, therefore, this 10% cut in
allowances hits them the most. The allowances are completely tied up to
the working hours (flying hours) of the flying crew and, thus, the segment
that generates the revenue is suffering the most in terms of the cut. This
10% cut, thus, effectively leads to a disproportionate cut (of almost 60%)
in their take home salaries. While on the other hand, allowances are a small
part of the salaries of the backend staff – HR and Finance and, therefore this
deduction doesn’t impact their take-home salary as much as it affects the
salary of the core segment. This deduction is, therefore, ill-designed in as
much as it detrimental to the core segment and protects the interest of over-
staffed support division. It is inexplicable how targeting the employees
performing core functions while demonstrating generosity towards support
functions will assist or enhance the functioning of the airline.
9. It may also be noted that the National Disaster Management Authority of
the Government of India itself had vide its Order, dated 29.03.2020,
mandated that no pay cuts should be implemented by any Employer –
whether private or public. It is very strange that while the Government
expects all private citizens and enterprises to obey and follow its dictats, its
own public sector undertakings are deliberately and knowingly flouting the
Governments mandate.
10.Letter dated 06.07.2020: In view of the serious financial crisis facing
Respondent No.1, the Petitioner body along with its coordinate pilot body
formed out of the erstwhile, Indian Airline, came in support of Respondent

16
No.1. In a bid to help the airline tide over the challenges brought about by
the COVID pandemic, the Pilot bodies suggested some measures to
streamline the costs and bringing in operational efficiency which is crucial
for the survival of the Respondent airline. Inter alia, the following measures
were suggested:
i. Blanket 10% cut on the allowances doesn’t serve the purpose as it
distributes the burden unequally amongst different segments of the
employees. The burden of cost-cutting has to be spread and borne
equally and cannot be targeted towards one set of the employees.
ii. Taking cue from how other carriers are maintaining efficiency in
their operations- illustration of fleet of aircraft to support staff ratio
was presented to bring home the point that the Respondent No.1 is
inefficiently staffed.
iii. In view of being overstaffed at the wrong departments within
Respondent No.1, introduce “Compulsory Leave Without Pay” for a
short duration on rotational basis till such time normal operations
resume. The rotational basis was the key to this suggestion as it
ensured an even spread of the pain and not a targeted impact.
A copy of the letter, dated 06.07.2020, presented by Petitioners has been
attached herewith as ANNEXURE P-4.
11.Letter dated 16.07.2020: It is submitted that consequent to presenting the
aforesaid suggestive letter to the Management of the Respondent Airline, a
series of four meetings (dated 04.06.2020, 05.06.2020, 08.07.2020 and
14.07.2020) took place to discuss the austerity measures that can be adopted
to keep the Respondent Airline afloat. Since no minutes were recorded, the
17
Petitioner body along with the coordinate pilot body (belonging to erstwhile
Indian Airlines) served a joint letter, dated 16.07.2020, summarising the
discussions that took place with the management during the course of the
aforesaid meetings. The two pilot bodies had expressed their willingness to
negotiate a pay cut in line with the market conditions. They had further
expressed their displeasure regarding unfair distribution of burden by
imposing a 10% blanket cut on allowances across all segment of the
employees.
A copy of the letter, dated 16.07.2020, served by Petitioner has been
12.Staff Notice dated 14.07.2020: Immediately after dispatching the above
stated letter, dated 16.07.2020, the Petitioners learnt that the Respondent
No.1 has already issued a Staff Notice, dated 14.07.2020, passing the
impugned Scheme of Compulsory Leave Without Pay.
The Impugned Scheme
13.It is submitted that the Impugned Scheme has been approved vide 102nd
Meeting of the Board of Directors held on 07.07.2020. The Impugned
Scheme is essentially divided in two parts:
i. “Voluntary” Leave Without Pay- This allows employees to opt
for Leave Without Pay ranging from six months or for two years
and can be extendable upto five years.
ii. “Compulsory” Leave Without Pay- This part authorizes, by way
of a Board Resolution, the CMD of Respondent No.1 to pass an
order on behalf and in the name of company to send an employee
on a compulsory leave without pay for six months or a period of

18
two years extendable upto five years. To confer some illusion of
legitimacy and reason on this completely illegal power and
Scheme, the decision of the CMD is stated to be depending on the
following factors as listed down in the Staff Notice:
a. Suitability
b. Efficiency
c. Competence
d. Quality of performance
e. Health of the employee
f. Instance of non-availability of the employee for duty in the
past, as a result of ill health or otherwise
g. Redundancy
14.The impugned scheme further proposes a process that may be adopted for
identification of redundant manpower who would be sent on compulsory
leave without pay in terms of the Impugned Scheme. The relevant
paragraph of the Impugned Scheme has been reproduced herewith for the
ready reference:
“4. To streamline the process of identification of redundant

manpower who would be told to proceed on compulsory leave
without pay, the following process may be adopted:
i. Respective Regional Directors will constitute a
Committee comprising of General Manager
(Personnel), General Manager (Finance) and
concerned Departmental Head, the committee would go
through the record, based on the above factors and will
recommend the individuals whose names will be
forwarded to Headquarters with due recommendations
19
of Regional Director for obtaining approval of CMD,

for compulsory leave.
ii. Similarly, at Headquarters a Committee comprising of
General Manager (IR), General Manager (Finance)
and concerned Executive Director/General Manager of
the respective Departmental Head shall be constituted
for the said purpose.
iii. Regional Directors and Headquarters’ Departmental
Head would forward the list of identified individuals to
General Manager (Personnel), Headquarters on or
before 15th August, 2020 for obtaining necessary
approval of CMD.”
15. It is submitted that the Impugned Scheme imposes absolutely
inconceivable and unfair terms infringing on both the legal and
Fundamental Rights of the Petitioners. The impugned Scheme is in
complete violation of the various laws and rights of the Petitioner because
of inter alia the following terms and conditions:
i. The Scheme comes into force with immediate effect, i.e.,
14.07.2020, completely and unilaterally altering the working
conditions of workmen. This is in gross violation Section 9A
of Industrial Disputes Act, 1947.
ii. Terms of the service altered vide Board Resolution: A Board
Resolution cannot override the Standing Orders, Regulations
and Laws. This is utterly illegal and impermissible. Further, a
Scheme passed via Board Resolution cannot be permitted to
override the Fundamental Rights of the Petitioners.
Effectively, the CMD has been given powers over the
applicable law, a possibility against the very grain of the Rule

20
of Law. It would be very interesting to see what possibilities
this wholly illegal action of the Respondent could open for the
Companies operating in the private sector. Could a CMD of a
private enterprise be authorized by a Board Resolution to
ignore the Law?
iii. Term of the leave: Compulsory leave without pay for a period
of six months or 2 years extendable upto 5 years is grossly
disproportionate. The basis of this decision, the decision-
making process are conspicuous by their absence. A wholly
arbitrary power, again, conferred by way of a Board
Resolution.
iv. Procedure prescribed for identification of employees: The
procedure prescribed for identification of employees for
Compulsory LWP is arbitrary and whimsical and therefore in
violation of Article 14 of the Constitution. No management or
committee can unilaterally pick and choose the employees to
be sent on compulsory LWP at their complete discretion
without following the principles of natural justice.
v. No allowances, prerequisites, statutory benefits during the
term of the leave: The decision to extend the duration to two
years or five years, while keeping the employee bereft of all
the allowances and employment benefits including PF,
Gratuity, etc. is manifestly arbitrary and grossly unjust. The
employees picked for Compulsory LWP would further lose
their seniority in the higher/grade/grades with reference to

21
their juniors who might get promoted to such grades/grades
before they rejoin duties.
vi. Requirement to clear all loans, advances & vacation of
company provided housing: Further, what can be described as
a draconian measure is that an employee, who will be sent on
compulsory LWP, is not only required to clear all loans or
advances taken from the company but will also be mandated
to either vacate company provided premises or pay notified
market rent. These conditions give it a colour of termination
of employment. However, the reciprocal obligations of the
Respondent are suspended as, theoretically, the employee has
not been terminated and is still on the roles of the Company. It
is unimaginable that a government owned and run organization
can subject its employees to such unfair and illegal conditions
during the time when there is unprecedented suffering across
the board.
vii. Prior permission required for taking up alternate employment
during the term of compulsory LWP: The impugned scheme
further requires for the employees sent on compulsory LWP to
first seek prior permission from Respondent No.1 before
taking up employment in any other aviation organisation. By
first snatching their right to livelihood, no organization can
place restrictions and hurdles on the means by which the
employee may seek to earn wages. Further, it is unimaginable
how an organization can leave its employees to fend for

22
themselves for such long durations during the present time
when they pandemic has wreaked havoc on the job market.
16. Protest Letter dated 21.07.2020: The Petitioner body expressed its
vehement and unequivocal protest to the unfair terms of the impugned
Scheme, as illustrated above, vide the said letter. The letter elaborated on
how their suggestion to cut costs and bring in efficiency in the Respondent
airline has been completely misconstrued to their complete detriment.
Further, by again avoiding any reasonable classification between the core
and non-core segments of the employees, the impugned scheme is an ill-
thought and ill-designed exercise to shield vested interests.
A copy of the Letter, dated 21.07.2020, sent by the Petitioner body has been
17.It is submitted that the impugned Scheme in its present form is in the nature
of punishment and akin to termination of employment. It is submitted that
no one can be subjected to such a punishment without being given a fair
hearing. Doing anything contrary to the principle of audi alteram partem
will tantamount to violation of the principle of natural justice and is
violative of Article 14 and Article 21 of the Constitution.
18.It is submitted that, in view of the present situation, a cost-cutting measure,
including compulsory leave to pay, may be acceptable only as a form of
short-term austerity measure and with reasonable terms and conditions that
are not detrimental to anyone’s right to life and livelihood. However,
Respondent No.1, in the guise of the present pandemic, has unilaterally

23
modified the terms of the service to the complete detriment of the Petitioner
by imposing absolutely illegal and unfair terms without engaging in any
consultation process. It is extremely pertinent to note that the letters
suggesting compulsory LWP as an austerity measure was sent to the
Management by the Petitioner body on 06.07.2020. However, the
Impugned Scheme was approved in its present form on 07.07.2020. This
clearly goes on to say that no consultation process ever took place before
devising the impugned scheme.
19.It is submitted that while the employees would be subject to the unfair and
illegal terms as illustrated aforesaid, the Respondent requires them to
continue a relationship akin to a master-slave relationship where they would
still be expected to behave like a bonded labour who will be required to
report to their master and seek their permission to earn an alternate source
of livelihood. Even the concept of this “slave labour” is anathema to the
Constitution of India. That a Public Sector Undertaking is seeking to impose
this wholly illegal mandate on the citizens of this Country is a subversion
of the Rule of Law. This is clearly a violation of the Article 19(1)g and
Article 21 of the Constitution of India.
20. It is astonishing that while reserving the absolute unfeterred discretion in
choosing the employees who would be asked to proceed on compulsory
LWP, the Impugned Scheme doesn’t lay down any procedure for hearing.
By laying an unfair procedure for formation of committees that will
unilaterally decide the fate of an employee tantamounts to serious violation
of labour rights. Further, no procedure has been prescribed whereby the

24
Scheme can be tied to the improvement in the market conditions. There is
no scope of periodic review or re-assessment which makes this scheme an
act of colorable exercise of power.
21.It is submitted that it is unfathomable that an instrumentality of State
designs a Scheme to effectively take away the livelihood of its employees
at a time of a pandemic when the Government is supposed to come to aid
of its people and give them subsistence means to survive. It goes further in
its ill-design and imposes inconceivable terms directing those employees to
repay their loans and advances along with rendering them homeless. And
all this while completely aware of the fact that there is serious scarcity of
jobs in the market while aviation sector is not generating any new jobs
whatsoever. At a time when the employers across the board are coming out
with sensible solutions to cut costs while ensuring minimal sufferings for
their employees, it cannot be expected of a government owned and operated
undertaking to render their employees completely hapless. This is akin to
violation of Right of Livelihood as evolved under Article 21 of the
Constitution of India.
22.It is further submitted that the impugned scheme is in its present form is
also completely violative of Article 14 of the Constitution of India in as
much as it treats unequals as equals. In case a fair and just compulsory LWP
is designed as a short-term austerity measure, it would require classification
between the core revenue earning segment and heavily over-staffed
expense-incurring support staff which is missing in its present form too.
This is a classic case of under-classification and is violative of Article 14.

25
23.It is further extremely pertinent to note that there is no nexus between the
goal of the exercise – which is to bring in efficiency in the working of
Respondent – and the impugned Scheme which is not only ill-thought but
also illegal. The management of Respondent No.1 cannot be allowed to
misuse and abuse the power delegated to it under the guise of the present
pandemic.
24.It is extremely pertinent to note that anything of the nature of impugned
Scheme is unprecedented in the history of Public Sector Undertakings. This
raises serious and genuine apprehensions about the intent behind this move.
It also smacks of vested interests and a ploy to protect one segment of
Respondent No.1 while sacrificing the other.
25.It is further important to highlight at this juncture, the suspicious timing of
this scheme. It is to bring to the knowledge of this Hon’ble Court that the
Respondent No.1 is in the process of privatisation and has set a deadline of
31st August, 2020 for this goal. While Respondent No.1 has unilaterally
decided to send their employees on exile, there is not a word on what will
happen to the future of such employees when the term of their compulsory
LWP ends. This further raises doubts about the intention of the management
of Respondent No.1 who might be attempting as a final clean-up exercise
under the cloak of an pandemic.

26
26.It is submitted that the management of the Respondent No.1 is bound by the
Constitution of this country and a Board Resolution cannot alter the terms
of the service conditions of the Petitioners in as much as infringe their
Fundamental Rights. The impugned scheme essentially annuls the rights of
the Petitioners along with setting an extremely destructive precedent for
lakhs of citizens employed with Union of India- directly or indirectly. A
board resolution cannot be allowed to abridge and violate the fundamental
rights of the employees in a state-run enterprise. The State is expected to be
the protector and crusader of the Fundamental Rights of its citizens and not
its destructor. The Respondent No.1 cannot be allowed to function like a
banana republic where rights of the employees can be snatched away from
them by way of unilateral decision-making process.
27.It is settled law that the government cannot take any action, administrative
or legislative, by which a fundamental right of the citizen of India may be
infringed. The impugned scheme in its current form is in complete violation
of the Constitution of India and, thus, deserves, to be set aside. Aggrieved
by the aforesaid action on the part of the Respondent No.1, the Petitioner
has filed the present petition inter alia on the following grounds, each of
which are without prejudice to the other:

27
GROUNDS OF CHALLENGE
I. Air India does not have the power to issue the Scheme
A. BECAUSE the impugned Scheme suffers from the vice of ultra vires.
The Respondent No.1 has no power to unilaterally change the service
conditions of its employees to their complete detriment.
B. BECAUSE the impugned Scheme gives unfettered discretion to the
CMD of Respondent No.1 to select any employee to be sent on
compulsory LWP without deriving such power from any regulations
or law.
C. BECAUSE the impugned scheme is in violation of Service
Regulations of Air India Employees (effective 2013) which lays
down the condition of service of the employees of Respondent No.
1. These Regulations do not empower Respondent No. 1 to make
changes in the service conditions of its employees unilaterally by
issues schemes of the nature impugned in this writ petition.
A copy of Service Regulations of Air India Employees (effective
2013) has been attached herewith as ANNEXURE P-7.
D. BECAUSE Respondent No.1 cannot be allowed to infringe on the
fundamental rights of the Petitioner through passing of a Board
Resolution.
28
II. Manifest Arbitrariness & Non-Application of Mind
E. BECAUSE the impugned Scheme suffers from manifest arbitrariness
and non-application of mind and as such is violative of Article 14 of
the Constitution of India.
F. BECAUSE the procedure prescribed for identification of employees
for Compulsory LWP is arbitrary and whimsical and, therefore, in
violation of Article 14 of the Constitution.
G. BECAUSE the Scheme empowers Respondent No. 1 to unilaterally
pick and choose the employees without notice to be sent on
compulsory LWP at their complete discretion without following the
principles of natural justice.
H. BECAUSE the Scheme confers unfettered and unguided discretion
on Respondent No. 1 in selecting the employees which it may force
to go on Compulsory LWP. Therefore, Scheme is blatantly violative
of Article 14 of the Constitution.
I. BECAUSE the employment contract is a bilateral contract the terms
of which cannot be changed unilaterally to the detriment of one party.
Air India seeks to alter the term of employment of its employees
unilaterally by forcing the Scheme of Compulsory LWP.
J. BECAUSE the term of Compulsory LWP ranging from six months
to 5 years is not only grossly disproportionate but is also manifestly

29
arbitrary and is bereft of application of mind. The said period is not
tied up with any explanation or logic in the impugned Scheme.
K. BECAUSE the impugned Scheme is not subject any periodic
assessment linked to improvement in the present situation. Because
the country has been unlocked and most of the sectors have resumed
operations. The domestic flights have already resumed while the
Hon’ble Minister of Civil Aviation has on record to say that
international operations will also resume soon. This shows that the
Respondent No. 1 has not applied its mind while whimsically
prescribing a period ranging from 6 months to 5 years for compulsory
LWP.
III. Compulsory LWP is in the nature of punishment
L. BECAUSE Compulsory LWP based on the factors enumerated in the
Scheme will be in the nature of punishment. It is a settled law that no
person can be subjected to such punishment without being given the
right to defend in accordance with the due process of law.
M. BECAUSE the scheme does not provide for any opportunity of
hearing or defence to the employee who will be issued Compulsory
LWP. Therefore, the Scheme is in violation of the principle of
natural justice and fair play and will be violative of Article 14 and
Article 21 of the Constitution.
N. BECAUSE compulsory LWP on any of the grounds enumerated in
the scheme will cast stigma on the employee that is bound to affect
30
its future employment opportunity including any opportunity that
he/she might try to seek in the interim in order to earn a livelihood.
O. BECAUSE any order or policy casting life-long stigma on any
individual necessitates enquiry and opportunity to defend.
IV. Scheme is violative of Article 14 for being baseless and unreasonable
P. BECAUSE the Scheme is bad in law for being vague and baseless as
it devoid of any rationale objective which it seeks to achieve while
significantly altering the terms of employment of the Petitioners to
their detriment.
Q. BECAUSE it is a settled law that every State action must be informed
by reason and it follows that an act uninformed by reason, is arbitrary.
Rule of law contemplates governance by laws and not by humour,
whims or caprices of the men to whom the governance is entrusted
for the time being.
R. BECAUSE the Scheme is violative of Article 14 as the terms of the
impugned Scheme has no rational nexus to any object in as much as
no object is mentioned in the entire text of the impugned Scheme.
S. BECAUSE the impugned Scheme is bereft of any object, however,
assuming that it is designed to tide over the present Pandemic then
there is no rational explanation as to why it would be subject its
employees to such harsh and unfair conditions for a period of six
months to 5 years. There is no material on record to support that the

31
impact of the virus on the aviation sector will last for that long. On
the contrary, progressively steps are being taken by the Ministry of
Civil Aviation to bring back normalcy to the aviation sector. In
addition to the domestice sector the latest news report suggest the
India will be resuming the flight on the international routes as well.
Thus, it is evident that the period of compulsory LWP ranging from
6 months to 5 years in unreasonable and grossly disproportionate.
T. BECAUSE the terms of the Scheme are vague and unreasonable.
While the Scheme prescribes for a period ranging from 6 months to
5 years for compulsory LWP, it does not provide for a system of of
periodic review or re-assessment whereby the scheme can be tied to
the improvement in the market conditions, thus leaving the scope for
early return of the employees.
V. Patently Illegal
U. BECAUSE the impugned Scheme comes into force with immediate
effect, i.e., 14.07.2020 without any prior notice to the employees of
Respondent No. 1, completely and unilaterally altering the working
conditions of workmen. This is in gross violation Section 9A of
Industrial Disputes Act, 1947.
V. BECAUSE the impugned Scheme unilaterally alters the service
regulations of the employees to their complete detriment without
giving them any kind of notice.

32
VI. Violative of Right to Livelihood
W. BECAUSE the Respondent No. 1 through the impugned Scheme has
violated the right to livelihood of the Petitioner enshrined under
Article 21 without following the due procedure of law.
X. BECAUSE the terms and conditions of the impugned Scheme are
inhumane and unfair. The term of compulsory LWP prescribed by
the impugned Scheme infringes on the Right of Livelihood of the
Petitioners. Because no one can be expected to sustain without
pay/allowances for a disproportionate period of six months to five
years especially during the present pandemic situation.
Y. BECAUSE the terms of the impugned Scheme impose completely
unreasonable restrictions keeping the employee bereft of all the
allowances and employment benefits including PF, Gratuity, etc. is
manifestly arbitrary and grossly unjust. The employees picked for
Compulsory LWP would further lose their seniority in the
higher/grade/grades with reference to their juniors who might get
promoted to such grades/grades before they rejoin duties.
Z. BECAUSE the impugned Scheme places draconian conditions on the
employees who would be directed to proceed on Compulsory LWP
by requiring them to clear all loans or advances taken from the
company along with mandating them to either vacate company
provided premises or pay notified market rent. These conditions give
it a colour of termination of employment.

33
AA. BECAUSE the employees chosen under the Compulsory LWP
would not be permitted to take up jobs in Government/other PSUs.
The impugned scheme further requires these employees to seek prior
permission from Respondent No.1 before taking up employment in
any other aviation organisation. Because the impugned scheme
continues to keep the employees tied up while making them jobless
and homeless.
BB. BECAUSE a loss of livelihood during the present times when
there are no jobs in the market much less in the aviation sector clearly
affects the right to life of an individual along with the family
dependent on such person.
CC. Because the terms of Scheme are worse than those provided
under Service Regulations of Air India Employees (effective 2013).
While the impugned Scheme provides for no pay/allowance for the
disproportionate term of compulsory LWP. The Regulations provide
for subsistence even during the period of suspension.
DD. BECAUSE while the Respondent No.1 absolves itself of any
responsibility towards its employees, it continues to place restrictive
and draconian conditions on the means of livelihood of the Petitioner,
thus, violating the rights enshrined via Article 19(1)g and Article 21
to every citizen of this country.
VII. Colorable Exercise of Power

34
EE. BECAUSE the present impugned Scheme is a colorable
exercise of power in as much as it indirectly lays off the employees
without following the required procedure in law. It is settled principle
of law that what cannot be done directly, cannot be done indirectly.
VIII. Malice in Law
FF. BECAUSE the impugned Scheme smacks of malice in law.
The Hon’ble Supreme Court in Kalabharati Advertising v. Hemant
Vimalnath Narichania, [reported at (2010) 9 SCC 437] has explained
legal malice as follows:
“25. The State is under obligation to act fairly without ill will or
malice— in fact or in law. “Legal malice” or “malice in law” means
something done without lawful excuse. It is an act done wrongfully
and wilfully without reasonable or probable cause, and not
necessarily an act done from ill feeling and spite. It is a deliberate
act in disregard to the rights of others. Where malice is attributed to
the State, it can never be a case of personal ill will or spite on the
part of the State. It is an act which is taken with an oblique or indirect
object. It means exercise of statutory power for “purposes foreign to
those for which it is in law intended”. It means conscious violation
of the law to the prejudice of another, a depraved inclination on the
part of the authority to disregard the rights of others, which intent is
manifested by its injurious acts..............”
GG. BECAUSE the impugned Scheme provides no lawful excuse
to send its employees in exile for such a disproportionate period. The

35
terms and conditions of the impugned Scheme are utterly
unreasonable and have been done to indirectly do a clean-up exercise
before the deadline set up by Respondent No.1 for privatisation, i.e.,
31.08.2020.
HH. BECAUSE the Respondent No. 1 has deliberately not
provided for a system of periodic review or re-assessment whereby
the scheme can be tied to the improvement in the market conditions,
thus leaving no scope for early return of the employees.
II. BECAUSE the actions of Respondent No.1 in the present case are
squarely covered by the concept of legal malice as held by the
Hon’ble Supreme Court in Kala Bharati (supra).
28.Aggrieved by the impugned Scheme for the reasons set out hereinabove,
the Petitioner has no other alternative efficacious remedy except by moving
the present writ petition under Article 226 of the Constitution of India
before this Hon’ble Court.
29.The petitioner has not filed any other writ petition under Article 226 for the
same or similar relief.
PRAYER
It is therefore, most respectfully prayed that this Hon’ble Court may kindly be
pleased to:-
36
A. Issue a writ of certiorari or any other writ, order or direction in the nature
thereof thereby quashing the impugned Scheme circulated vide Staff
Notices Nos. HPD02/LWP/420 & 421 dated 14.07.2020;
B. Pass any such further orders as may be deemed just and expedient in the
facts and circumstances of the present case.
PETITIONER
THROUGH

(BHARTI CHAWLA)
Tel No. : +91 9999646269
Email: neetika.bajaj@zeus.firm.in
Date: . .2020
Place: New Delhi
37
IN THE MATTER OF:
Indian Pilot’s Guild & Anr. …Petitioners
Versus
AFFIDAVIT
Affidavit of Shri Hari Shankar S/o Ram Swaroop R/o Flat 2705, plot no
6, Sleuth CGHS, Dwarka, New Delhi- 110075, Aged 37 years old, on
solemn affirmation:
I, Hari Shankar do hereby solemnly affirm and declare as under:
1. That I am the authorized representative of the Petitioner and I am duly
authorized to file the present case before this Hon’ble Court.
2. That I am fully acquainted with the facts of the case and hence I am in a
position to depose before this Court.
3. I say that the accompanying Writ Petition has been drafted under my
instructions and approval. The contents of the accompanying Petition are
true and correct to my knowledge and hence are not being repeated for the
sake of brevity herein. The same may be read as part and parcel of this
affidavit.
4. I say that no other similar Petition with similar prayer/relief has been filed
by me in respect of the same issue as mentioned hereinabove earlier in any
other court.
38
DEPONENT
VERIFICATION:
I, Hari Shankar, do hereby affirm and declare that the contents of the above
affidavit are true and correct to my knowledge. No part of it is false and
nothing material has been concealed therefrom.
Verified at _________ on this ____ day of ____ 2020.
DEPONENT
Annexure-1
39
st
Transport Building, 1 Floor, Near Operations Department, Old Airport, Kalina, Mumbai - 400 029, India.
Date: 21.07.2020
CERTIFIED COPY OF RESOLUTION PASSED AT THE MEETING OF MANAGING
COMMITTEE HELD ON 21ST JULY, 2020
“RESOLVED THAT the present committee member/s i.e. Capt. Hari Shankar and/or Capt.
Manish Kumar and/or Capt. Dhruv Kumar and/or Capt. Dhruv Duggal and/or Capt. Ajay Goyat
and/or Capt. Tapesh Chandra of our Trade Union be, and are hereby authorised to sign verify
and appear in the Special Leave Petition before the Hon’ble Supreme Court or any
proceedings before any other court or forum.
For Indian Pilots’ Guild
Capt. Kanav Hingorani

General Secretary
email:ipgaccess@gmail.comweb:www.indianpilotsguild.org
RegistrationNo.511,undertheTradeUnionsAct,1926
T
Annexure-2
40
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A STAR ALLIANCE MEMBER v^t-
Subj ect : Leave Without Pav
Ref. No.HPDO2/ LWPl420 Date : 14.07.2020
Board of Directors in its l02nd meeting held on 7th July,2020 has approved
a Scheme whereby employees can opt to take Leave Without Pay ranging from six
months or for two years and the same can be extendable upto five years (copy of
the Staff Notice attached).
2. The Scheme also authorizes CMD to pass an order on behalf and in the
name ofthe Company whereby an employee would be sent on leave for six months
or for a period of two years extendable upto five years, depending upon the
following factors :-
(i) Suitability
(ii) Efficiency
(iii) Competence
(iv) Quality of performance
(v) Health of the employee
(ui) Instance of non-availability of the employee for duty in the past, as
a result of ill health or otherwise
(vii) Redundancy
3. Accordingly, in terms of the policy approved by the Board, Departmental

Heads at Headquarters and Regional Directors of the Region are required to assess
each individual on the above mentioned factors and identiry the cases where option
ofcompulsory leave without pay can be exercised. Names ofsuch employees need
to be forwarded to General Manager (Personnel), Headquarters for obtaining
necessary approval of CMD.
4. To streamline the process of identification of redundant manpower who

would be told to proceed on compulsory leave without pay, the following process
may be adopted.
(i) Respective Regional Directors will constitute a Committee

comprising of General Manager (Personnel), General Manager
(Finance) and concemed Departmental Head, the Committee would
go through the records, based on the above factors and will
recommend the individuals whose names will be forwarded to
Headquarters with due recommendations of Regional Director for
obtaining approval of CMD, for compulsory leave.
$f,{ EBqT fuFlds air rooia Limited

Regd. OIIice: Airlines House, 113' Gurudwara Rakabganj Road' New
Delhi-ll000l' EPABX: 23422000
Nz Website : wrpw.airindia.in
41
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(ii) Similarly, at Headquarters a Committee comprising of General

Manager (lR), General Manager (Finance) and concerned Executive
Director/Ceneral Manager of the respective Departmental Head
shall be constituted fbr the said purpose.
(iiD Regional Directors and Headquarters' Departmental Head would

forward the list of identitled individuals to General Manager
(Personnel), Headquarters on or before l5th August, 2020 fot
obtaining necessary approval of CMD.
(Mee shi p)
General Manager (IR)
Encl : as above
l\.1a.rcN
Cc: EA to CMD
Cc: All Functional Directors/ Executive Directors/ Departmental Heads
Cc: General Manager (Pers)- HQ/NR/ERMR/SR
$f,{ iFsqr fuBg air tooia Limit€d

{Rrgd orqtf,q : Y€fteirt=s 6lirs, 1r3, TqErn rrrrrq d-s, q-{ ftd-llooolEPABx :234220oo
Regd. Oltice : Airlines House, 113, Gurudwara Rakabgani
Road' New Delhi-I10001' EPABX: 23422000
Aaqrfe website : www.airindia. in
42
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A STAR ALLIANCE MEMBER *-
STAFF NOTICE
HPD02|LWPt421 Date:14.07.2020
WTHOUT PAY/ALLOWANC
Company is introducing "Leave Without Pay (LWP)", which will come into force
with immediate effect. The Scheme would be applicable as under:
1 . (a) Voluntary basis
Leave under voluntary basis can be availed of for personal reasons
2. This Scheme (LWP) is being introduced for grant of leave without pay &
allowances for permanent- employees, for a period of six months (extendable
uptoS years) or for a period of two years(exfendable upto 5 years)at the
discretion of the Management.
3. Notwithstanding any provision contrary to the Standing Orders, Service

Regulations or any existing Agreements, Awards, Rules o[ Orders in this regard,
the present Scheme is introduced.
4. The following conditions will have to be adhered to by employees for availing the
Leave Without Pay.
(a) (i) This Scheme shall be applicable to permanent employees of the

Company.
(iD Probationers or promotees, who have not been confirmed, will be

sanctioned leave under the Scheme subject to the conditions that:
they will be deemed new entrants in the grade and will be required to
complete their probation on their return from leave; and
- their effective date of confirmation will be from the date they complete their
probationary period, on return from leave under this Scheme.
It may be noted that protection in the case of probationers is only their right to
re.;oin service in the same entry grade.
(b) Leave under the Scheme will not be sanctioned to employees under Bond until
the penod of the Bond is over or unless they settle their bonded obligations.
(c) The Management reserves its rights in accepting/rejecting any application under
the Scheme, which will be subject to the needs/requirements of the Company.
gq{ EBqI fuFrds air India Limited

fqgC orqfdq : \srrcfifi Eltts, 113, TsEnr rrrrrq ri-e, c.{ ft-d-tt000r EPABX t 23422o00
Regd.Office:AirlinesHouse,llS,GurudwaraRakabganjRoad,NewDelhi-I10001'EPABX:23422000
ffiz website : www.airindia.in
tL
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43
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d) No employee availing of the Scheme will be permitted to take up jobs in
GovernmenU other Public Sector Undertakings.
(e) An employee against whom disciplinary action or vigilance enquiry is pending/

contemplated can also apply, however, employees who opt for LWP will have to
co-operate with the Enquiry Committee for completion of the disciplinary
proceedings during the leave period.
(f) Employees taking up employment after availing LWP under the Scheme or at a
later date, in other airlines and allied services or in any Organisation with which
the Company has dealing, should seek prior permission from the Company,
before taking up employment in such an Organisation. The services of an
employee will be terminated in accordance with the Service Regulations/Standing
orders/ applicable rules, if the employee concerned fails to make such prior
declaration/ seek permission.
(g) During the LWP period if an employee, takes up employment in lndia or abroad,
will have to keep the Company informed in writing, regarding his/her employment.
(h) Employees who opt for this Scheme will not be eligible for foreign postings for a
period of one year after they return from leave under this Scheme.
(i) No other kind of leave will be sanctioned in combination with or in continuation of

the leave under this Scheme.
O During the currency of the period of leave without pay under the Scheme, the
employees shall not be entitled to any pay, dearness allowances, other
allowances, benefits and perquisites. Further such employees shall also not be
eligible for benefits such as all types of leave, pension, gratuity, provrdent fund,
increment etc. and also promotion opportunitiesi avenues as may arise with
reference to their Seniority in the post from which they had proceeded on leave.
They shall also lose seniority in the higher grade/grades with reference to their
juniors who might get promoted to such grade/ grades before they rejoin duties.
(k) The duration of leave without pay under the Scheme will not be reckoned to
determine the duration of total service for benefits like Long Service Memento,
Passage, Medical, Gratuity and Provtdent Fund.
(l) The period of leave availed under this Scheme will also not be counted for the
purpose of determining number of years of service in the company/in the grade,
for the purpose of any promotion/any other facility based on the number of years
of service.
(m) Sick Leave, Casual Leave and Prrvilege Leave as on date the employee
proceeds on leave would be frozen and such leave(s) shall not accrue during the
period the employee is on Leave Without Pay
[l-
v
qif,{ EBqr fufuts trtnoia Limited
ffigd orqtilq : gqlerrs-{ Erirg, 113, TuErtf ror*lrs rts, T{ ftd-u000r EpABx :23422000
Regd. Oflice: Airlines House, ll3, Gurudwara Rekabganj Road, New Delhi-I10001. EPABX : 23422000
ffiz Website : wrrw.airindia.in
2,
44
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(n) Employees availing of leave under this Scheme will be eligible to be considered
for promotion, only after completion of one year of service on return from leave
under the Scheme. ln their case, the last available Appraisal Report will be
considered for promotion.
(o) Employees can avail of medical/passage benefits as per Company rules,

during their period of leave without pay under the Scheme.
(p) Leave without paylallowances under this Scheme for taking up employment will
be sanctioned for a minimum period of six months and a maximum period of
two years, at the discretion of the Management. lf an employee who has
availed the benefit under this Scheme does not report back to duty on the due
date on the expiry of the leave, hrs/ her service shall be terminated in
accordance with the Service Regulations/ Standing Orders/ applicable Rules.
(q) Employees can proceed on leave under this Scheme only after receiving
written communication from the Personnel Department.
(r) Employees who had availed of any housing loan or any other loan/ advance/
Company property from the Company shall clear their dues before the grant of
leave. Employees occupying Staff Quarters/Company flats, have to vacate the
same prior to proceeding on leave in case they wish to retain the staff quarters
during their leave they will have to pay the notified market rent.
(s) Restricted Entry Pass would be made available to the employees who avail of
Passage/Medical facilities. However, Passes issued by the Bureau of Civil
Aviation Authority/ any other Authority, would have to be returned before
proceeding on LWP.
(t) No relaxation in any of the conditions under the Scheme will be permitted
5. Savinqs:
The Management reseryes the right to change, alter, modify, review, curtail,
withdraw, add or delete, any or all of the conditions of the above Scheme, if it
considers it necessary to do so.
6. The Chairman & Managing Director reserves the right to accept/ reject any
application under this Scheme, in the interest of the Company.
7. HOWTOAPPLY
7.1 Employees who are desirous of availing the above facility, under the Scheme,
should submit their application, in the prescribed format attached, along with a
copy of the latest pay-slip.
q3r{ Etgqr ftFrts li.lrdia Limited u.

rfrrgc iDrqrdq : qsFGmi;s Ertrs, r13, rJ$Ern {lD,r{rrq rte, c-{ ft-d-ttoool EPABX: 23422000
Regd. omce: Airlines House, 113, Gurudwsra Rakabganj Road, New Delhi-110001. EPABX :23422000
i<rfe website : q.ww.airindia.in
3.
45
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'a<
7.2 For regional employees, the application should be submitted through proper
channel, to the General Manager-Personnel of the Region.
7.3 For employees in the Corporate Office at Delhi, the application should be
submitted through proper channel to the General Manager (Pers), HQrs, New
Delhi
7.4 The last date for receipt of applications is 15h August, 2O2O
7.5 An advance copy of application must be fonvarded directly to the address given
below:
General Manager (Pers)

Air lndia Ltd
113, Gurudwara Rakabgunj Road
New Delhi - 110001
7.6 Employees will be informed of the acceptance or otherwise of their application
8. The Chairman & Managing Direclor of the Company may also pass an order on
behalf of and in the name of the Company if deemed fit, by requiring an
employee to go on leave for srx months (extendable upto five yearc) or for a
period of two years @rtendable upto 5 years) compulsorily, having regard to:
(t) Suitability
(ii) Efficiency
(iii) Competence
(iv) Quality of performance
(v) Health of the employee
(vi) lnstance of non-availability of the employee for duty rn the past, as a
result of ill health or otherwise.
(vii) Redundancy
(Mee as ap)
General Manager (lR)
Cc: EA to CMD
l(.o1.zozo
Cc: All Functional Directors/ Executive Directors/ Departmental Heads
Cc: General Manager (Pers)- HQ/NR/ERA/VR/SR
Cq{ {fufl fuftts air India Limited

ffirvd orqfdq : ysrt ii<t Ertm. 1r3, TUERI r6rl-q rte. l-{ frd-ttoool EPABX: 23422000
Regd. OIfice: Airlines House, 113, Gurudwara Rakabganj Road, New Delhi-110001. EPABX: 23422000
Alrurfe website : www.a india.in
4
46
LWP SCHEME.2O2O
APPLICATION FOR AVAILING LEAVE WITHOUT PAY T]NDER THE LWP

SCHEME 2O2O
To,
General Manager (Pers)

Air lndia Ltd
Through proper channel
In response to Staff Notice No dated _, I wish to opt for the Voluntary

Scheme for availing Leave Without Payl Allowances for a period of six months / two years. I am
fully aware of the terms and conditions contained in this Staff Notice. My particulars are given
below:
l. Full Name
2. Designation
3. Staff/SAP No
4. Department
5. Section
6. Station :
7. Date of Joining e/e AI/ e/w IA

8. Date of superannuation :
9. Date of release required : upto
Date (Signature)
Encl: Copy of latest payslip

Annexure-3 47
qsrriBqr
E'R
'ZD'A
srAR ALLTANCE TuEMBER
A ia-
R€i. No. DP/2020/555
Date : zoh iiarch, 2020
OFFICE ORDER
Sub : Cost cuttino measures in wake of the current Financial & COVID-19 crisis
ln the wake of recent global developments and the serious impact of COVID-1g
pandemic, which has adversely impacted Avialion lndustry both in the domestic as well
in the lnternational front lhere is an insurmountable dip in the revenue which calls for
stringenl measures lo reduce our costs. All Airlines have taken drastic steps 10 survtve
the curent crisis and an urgenl need ls fell to take steps to curtail costs to miligate the
current financial crisis.
An emergency 'Executive Managemenl Committee' meeting was held on 18.03.2020 to

deliberate on proposals lo be undertaken 10 address lhe currenl crisis. After deiailed
discussions the following decisions were laken for immediate implementation : -
1 Neootiation with Lessors

An exercise lo be undertaken to review all agreements and renegotiate wilh
Lessors 1o reduce the rales, as far as possible.
2. Neqotiation with Hotels
ln view of the suspension/reduction of various flights, especially lnternational
flights, Hotel Committee is required 1o undertake a review of the existing
agreements for reducing the rates to the extent possible. ln case, there is any
minimum guarantee clause existing, the same to be immediately suspended for
a period of three months, without impaciing lhe rales once the situation
normalized.
3. Recover dues to Air lndia from Governmenl DeDartments
Specaal Driveto be undertaken to recover all pending dues from Governmenl

Departments in a time bound manner. An aggressive aclion is required by the
concerned offices in the Region as well at the Headquarters to collect lhe
amount by the end of current FinancialYear 2019 2020.
4. Cut in Salarv
During lhe meeting, there was general consensus to underlake wage

reduction of reasonable amount. lt was agreed to implemenl 1070 deduction
in Allowances (excluding Basic Pay, House Rent Allowance and Variable
Dearness Allowance) in respect of all employees, except Cabin Crew,
for a period ofthree months effective March, 2020 salary.
garv ifuqr ftfus Air India Limited

{iirsC orqf-{c: qfldr{{ Erss, rr, lvam ror+,rv rte, T{ frrd-u0001EpAp)Ue4drl000
Regd. Oflice : Airlines Horse, 113, Gurudwrr| Rakrbg.nj Ro.d, New D€lhi-110001. EPABX : 21422000
+isr{z website : wm,.airindia.in
48
EsrriG q,
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A STAR ALLTANCE MEMBER v}T-
5. Ouick Turnaround Fliqhts for Cabin / Cockoil Crew
Keeping in view the conlagious COVID-19, ED (Ope.ations) to approach DGCA

lo take approval of Quick /
Turnaround of Cockpit Cabin Crew, wherever
possible. ED (Operations) to formulate a detarled proposalto seek dispensalion
as required {rom DGCA.
6. lncrease Carqo loads
ln view of reduclion in passenger load due COVID 19 cargo sale to be

aggressively taken up lor optimal ulilization of available space/load to ensure
maximum revenue
7. Reduction in services
ln view of COVID-1g, lhere is a need lo ensure minimum contact wilh

passengers. Accordingly, only packed food lo be served. SeNice of Magazanes.
Newspapers, Cold/Wet Towels, and Blankets shall be discontinued wilh
imrnediate effect.
8. Undertake l\randalory Traininq of Cabin / Cockpit Crew
ln view of the curtailed scheduled operations, and .educed requirement of

Aircraft and manpower, mandatory Training for Cockpit / Cabin Crew to be
underlaken and completed during this period.
I Use of 'Video Conference' facilitv for classroom T.ainino
The facility of
Video Conference' is available al certain bases, utilization of the
same be increased lo ensure Class Room Training, without major SOD
movements. This will ensure timely update of training requirements at the lrme
of reduced / curtailed operalions.
10. Club Fliqhts / Curlailfliqhts
ln view of reduction in passenger load and to optimize available resources

/contain costs, GM(irarket Planning)/ G[4(RMMA) in consultalion with
ED(Operations) and under the guidance of Director (Commercial) to review the
Ilight schedule by clubbing/ curlaihng the flights.
11 Privrleqe Leave
ln view o, reduced work load and also the COVID-19 threat, employees may be
encouraged to availtheir Privilege Leave.
{ot €Fgqr frB€ Air tndir Limited

rftrsJ -rqidq: qqr<E< 6ril(, n3, TE6r{[ {6r{ rq +., r{ Ed-noool EPABxqGaUao
Regd.ofllce: aidims Hou*" rl3, Gurdwrrr Rrkrbgeri Rord, \ew D€lhi-110001. EP-{BX : 23422000
+{flrfe wcbitc : u,w.sirbdia"i!
49
EsrriGrqt
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A srAR ALLTANCE MEMBER vL-
12. Work from Home'
A suggestion was also made during the meeting to allow Work from Home'w h
a reduction of salary wherever possible, withoul impacling lhe operallons.
Oepartmental Heads lo formulale a detailed proposal and submit the same with
work requrremenl and Cost Benefil Analysis.
13. No ftesh Recruilment / lnduction / Hirinq
lnduction of fresh employees to be stopped immediately and wherever the

recruitm€nl exercises have aheady been initiated, the same should be kept in
abeyance till further orders.
14. No exlension/ re-employment to rel ired offcials (excepl for P lots and olher
crilical cateqories)
Post Retiremenl engagements of employees to be discontinued. There will be

no fresh Posl Relirement Contractual Engagement in any calegory, except for
Pilots and certain other crilical categories.
15. lnvoke Force l\4aieure clause in ll aoreements for soecrfic duralpn
Keeping in view the extreme emergent circumstances, invoking of 'Force

Majeure'Clause for a limted period in all agreements may be examined, which
will help overcome curent financial crisis. subjecl to legal clearance.
16 Stoppaqe of Overtirc peyDc!1
Stoppage ot Overtime/ Weekly Offd Holiday Pay/ Late Sitling wilh immediate
effect
17 Inlroduction of Flexible Hours
A suggestron was also made lo introduce Flexible hours. Department Heads to

examine and submat a proposal on the same.
18. Reduce SOD Travel (lnternational ) : P-Fom / Domestic SOD Travel
lnternational SOD Travel movement to be stopped immediately.

required for operational purposes, the concerned Funclional Director/
Department Head may take special exemption from Cl\,ID.
Domestic SOD lravelalso to be reduced bare minimum
\q{ EBqr lafts lir rnaia nmitca

ffisd Erqidc : g.nBrt{ Erinr, l13,,Irdr{ Tol{,rq rt€, ;r{ &d-ll000l f,pABldgc}ra/u0
Regd. Ollice : rrlrlines Hous€, ll3, Curudnrra R kabganj Rord, New Delhi-lI0tx)1. EP,IBX : 2]422000
ii{rfe website I wErr..airindia.rn
t-
50
qsrriBqt
A'R
A
'NZ'A
srAR ALLTANCE MEMBEF vli-
r9
bv rotataonal svstem
Engineering to plan for deep cteaning and repair of seats without impacting the
operalions
20. Maintenance of hvqiene slandards of Aircrafl'
ln vrew of COVID-19, Engineering to undertake alt steps to maintain hygiene

Standards
21 General nliness
General cleanliness to prevenl spread of COVID-1g lo be maintained at the

highest slandard. Adequate quantity of [4asks Gloves and Sanitizers. wherever
required, 10 be distributed to the employees. A olllces and work premises to be
cleaned / sanitized at war footing level at regular inlervals per day.
Thls is issued wilh the approvat of CMD
( Shara
D (Personnel)
qQ : FDs. CVO, EDs. RDS,ER/WR/NR/SR. a GMs
(3rl iR'qr ldk lir rndia Limited

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oool EP/\OUd tlt?r00o
Rcsd. Officc : Airlines Hou3e, ll3, Gurudwrrr R.krbgrtrj Roa4 Net Dellt.ll000l. EPABX : 2342200{)
-{{rrf,e website : w*v.airiDdia.in
Annexure-4 51
INDIAN COMMERCIAL PILOTS’
ASSOCIATION INDIAN PILOTS’ GUILD
6th July 2020

To
Shri Rajiv Bansal
Chairman and Managing Director
Air India Limited.
HQRS
New Delhi
Respected Shri Rajiv Bansalji
Sub: Employment related measures to address the COVID pandemic
As we speak, Air India is engaged in an uphill battle to tide over the challenges
brought about by the COVID pandemic. There is no gainsaying that the
aviation sector has taken some very hard knocks. Sacrifices have to be made,
stakeholders have to come together to win the fight against this virus.
Towards this end, ICPA & IPG have repeatedly assured the management that
we are open to discussing measures and formulating steps to ensure the
survival of the airline and secure its future. It is only by actively involving all
Air Indians that the company can put up a united front.
Presently, the management has resorted to an across the board 10% cut on
allowances. While prima facie appearing to be fair, this scheme distributes the
financial burden across the various categories of employees in an extremely
discriminatory manner amounting to treating unequal people equally.
This runs foul of the Constitutional guarantee of equality as enshrined in

Article 14. For instance, the Class IV employees, who are at the bottom of the
organization ladder, are more severely affected by such a salary cut than the
employees at higher grades.
We therefore propose that Class IV employees should be exempt from such a

wage cut. Their liability can be borne by other employees who are earning
higher salaries.
Air India should also be guided by how other players in the aviation
sector are battling the adversities of the Coronavirus pandemic. We
Page 1 of 3
52
understand that a leading private carrier has an employee strength of

250 in finance and 130 in HR, handling a fleet of 255 aircrafts. This may
be contrasted with Air India which has more than 1600 employees in HR
and Finance for a mere 125 aircrafts. This is nowhere in-line with
market standards and since operations have been scaled back, their
workload has reduced drastically. It is prudent for Air India and the
MoCA to take cognizance of this excess manpower to trim costs as our
aircrafts stand under-utilized.
The pandemic induced crisis is the most opportune time for Air India to
address its unviable employment policies and practices. In addition to this
excessive staffing of backend operations, the Airline is also inexplicably
maintaining departments that are completely non-relevant to the aviation
business. It is high time to take a closer look at the viability of funding defunct
departments at the cost of financial viability. It is supremely ironic that the
management has done nothing about fixing bloated aircraft to employee
ratios or trimming non-essential workforce while simultaneously crying wolf
and preaching the need for urgent salary cutbacks.
Since Air India is in financial distress on account of the pandemic, the

employee strength should be brought at par with other market players
through common sense measures like “Compulsory leave without pay”
till such time normal operations resume. Many Airlines have invoked
their employees to proceed on “leave without pay”. The company may
even consider permitting such employees to take on some temporary
assignment or engagement during this period to tide over the current
hardship.
If any meaningful cost saving has to be effected, the financial burden must be
fairly distributed between all employees based on their job functions and
emoluments. This necessitates defining austerity measures in the form of a
percentage cut on total earnings rather than any particular salary head, which
may differ widely across different categories of employees rendering the
whole exercise discriminatory. Adherence to this ethos would ameliorate the
current hardships of select employees being discriminated against best
market practices wherein a similar approach has already been successfully
employed must be given serious consideration.
Page 2 of 3
53
We again request you to innovate and spare no efforts to secure the survival
and financial health of the airline. We hope that you will respect our sacrifices
and years of faithful service to the airline by taking us into confidence and
making us willing allies in the fight ahead.
Yours sincerely,
Capt. T. Praveen Keerthi Capt. Kanav Hingorani

General Secretary General Secretary
CC: Hon’ble Minister of Civil Aviation

CC: Secretary, Ministry of Civil Aviation
CC: Director Personnel
CC: Director Finance
CC: Executive Director Operations
Page 3 of 3
Annexure-5
54
16th July 2020

To
Shri Rajiv Bansal
Chairman and Managing Director
Air India Limited.
HQRS
New Delhi
Respected Shri Rajiv Bansalji
Sub: Reference meeting held with ICPA and IPG on 14.07.2020
This is with reference to the meetings held on 04.06.2020, 05.06.2020,

08.07.2020 and 14.07.2020.
1. We have expressed our willingness to negotiate a pay cut in line with

the current market conditions. We were told by the Ministry officials
that we are being compared to one of the leading low cost private
carriers, it was then explained to the MoCA officials how the worst
conditions of these private airlines were being cherry picked to our
disadvantage.
2. The proposed cut for pilots is almost 60% of gross emoluments. It is
hilarious to note that the top management has proposed a meagre 3.5%
cut on its own gross salary. For eg; the Director Personnel takes a
minuscule cut of 4% on gross pay while a Co-pilot who is paid less than
the market is given a cut of 60%. How is this justified? Doesn’t this
amount to unchecked greed and selfishness?
3. As of date, 55 pilots have tested positive for COVID-19. Is it fair to
penalise these pilots by saying that they will be paid on actual flying
hours? They are unable to fly as they contracted the Coronavirus while
on duty. Is this how the MoCA wants to honour frontline workers?
4. You had briefed us that the MoCA has given you directions to slash
pilots’ salary by 60%. This is nowhere at par with market standards. If
this is true, then we would like to humbly submit that we would like to
seek an appointment with the Hon’ble Minister of Civil Aviation and
return all the appreciation letters given to our pilots by him as well as
Page 1 of 2
55
the Hon’ble Prime Minister for our service to the nation. Nevertheless,
we will continue to serve the nation in this time of need, as always.
We have not been paid 70% of our pay since the month of April 2020. To
discuss a retrospective pay cut on the work done is unfair and humiliating to
an employee who has been loyal to the company and the Nation. We demand
that the management honor our existing agreements till such time a mutually
agreed settlement is reached. We would like to remind you that nobody is
above the law and we hope Air India and Secretary, Civil Aviation will respect
the law of the land.
Yours sincerely,
Capt. T. Praveen Keerthi Capt. Kanav Hingorani

General Secretary General Secretary
CC: Hon’ble Minister of Civil Aviation

CC: Secretary, Ministry of Civil Aviation
CC: Director Personnel
CC: Director Finance
CC: Executive Director Operations
Page 2 of 2
Annexure-6 56
Transport Building, 1st Floor, Near Operations Department, Old Airport, Kalina, Mumbai - 400 029, India.
Ref No: IPG/A/13/OFF

Date: 21.07.2020
To,
Shri. Rajiv Bansal

Chairman and Managing Director,
Air India Limited,
New Delhi.
Respected Sir,
Subject: Formal Protest Letter Against Staff Notice dated 14.07.2020

Reference: i. Letter dated 06.07.2020
ii. Staff Notices Nos.HPD02/LWP/420 & 421 dated 14.07.2020
iii. Meeting held on 04.06.2020, 05.06.2020, 08.07.2020 and 14.07.2020
iv. Letter dated 16.07.2020
This is in reference to the subject Staff Notices vide which the Scheme of “Leave Without Pay”
has been introduced. Our submissions expressing the protest against the said Scheme has been
laid down pointwise:
I. The Scheme
The said Scheme is essentially divided in two parts:
i. “Voluntary” Leave Without Pay- This allows employees to opt for Leave Without
Pay ranging from six months or for two years and can be extendable upto five
years.
ii. “Compulsory” Leave Without Pay- This part authorizes the CMD to pass an order
on behalf and in the name of company to send an employee on a compulsory
leave without pay for six months or a period of two years extendable upto five
years, depending on certain factors as listed down in the Staff Notice.
II. Background
While the scheme, akin to the first part of the present Scheme, has been announced several
times in the past, it is vehemently stated that it is the nature of these second part of the Scheme
that raises several serious and genuine apprehensions. To bring our protest into perspective and
for the sake of mutual clarity, we would like to succinctly bring out the working of any
organization in the aviation sector.
i. Every organization is made up of segments and departments. In aviation, the core
department that generates revenue is flying. This segment consists of:
a. Pilots
b. Cabin Crew
c. Engineers
d. Ground Staff
ii. The other segment of an aviation company consists of support functions that
typically includes HR, Finance, etc. this segment is expense- incurring which
depends on the core segment for its income.
Tel: +9122 2626 5497, +91 22 2626 5555 extn: 5497, email: ipgaccess@gmail.com web: www.indianpilotsguild.org
Registration No. 511, under the Trade Unions Act, 1926
57
iii. The core department includes 1874 pilots, 4648 cabin crew as on 1st Nov. 2019,
together operates a fleet of 125 Aircrafts.
iv. In stark contrast, Air India has more than 1600 employees in HR and finance for
the present fleet while a leading private carrier operating a fleet of 255
aircrafts has a strength of 250 employees in finance and 130 employees
handling the HR department.
III. Logical Requirement

It is, thus, logical that our letter, dated 06.07.2020, wherein we had suggested the option of
“Leave without Pay”, has to be read in the light of above segmentation and reasonable
classification of the employees. Further, the terms of the scheme cannot be injurious to the
interest of the employees leaving them completely hapless. Our suggestion, meant for the
benefit of the organization, has been grossly misconstrued to the complete detriment of the
employees. No organization can completely decimate the interests of its employees in a bid to
protect its own.
It is to further bring to your notice that a 10% cut imposed (effective March’20) on allowances
across the board hurts one segment of the organization much more than the other. It is clearly
targeted towards the flying crew for whom allowances make up almost 80-90% of their salaries
and, therefore, this 10% cut in allowances hits them the most. It is completely tied up to their
working hours (flying hours) and, thus, the segment that generates the revenue is suffering the
most in terms of the cut. This 10% cut, thus, effectively leads to a 60% cut in their take home
salaries. This deduction is, therefore, designed in such a way that it does not further the interest
of the Airline.
IV. Compulsory “Leave Without Pay”

It is astonishing that a scheme which infringes on the legal and fundamental rights of the
employees is passed vide a Board Resolution. It is inexplicable how a Board Resolution can gain
supremacy over Parliamentary Enactments and how powers delegated to the CMD can
supersede the Standing Orders and duly enacted Laws.
This part of the scheme is, thus, in complete contravention to Article 19(1)g and Article 21 of the
Constitution of India and is a direct attack on our Fundamental Rights.
The scheme is in complete violation of various laws and rights of the employees on inter alia the
following grounds:
i. The scheme comes into force with immediate effect completely and unilaterally
altering the working conditions of workmen. This is in gross violation of
Industrial Disputes Act, 1947.
ii. No Board Resolution can override the Standing Orders, Regulations and Laws.
This is utterly illegal and impermissible.
iii. The term of the leave is grossly disproportionate. Further, the decision to extend
the duration to two years or five years, while keeping the employee bereft of
all the benefits, is manifestly arbitrary.
iv. Without prejudice to the above contentions, no management or committee can
unilaterally pick and choose the employees to be sent on compulsory LWP at
their complete discretion without following the principles of natural justice.
v. By first snatching their right to livelihood, no organization can place restrictions
and hurdles on the means by which the employee may seek to earn wages.
Further, it is unimaginable how an organization can leave its employees to
fend for themselves for such long durations during times when they need their
job the most given the fact that there is serious scarcity of jobs in the market.
vi. Further, by cutting off all the allowances, benefits and career-progression
opportunities, a public sector enterprise cannot incur such injustice on its
employees when there is unprecedented suffering across the board. The
58
Government is expected to come to the aid of its people during this pandemic
and not leave them helpless without a livelihood.
vii. Leave without pay is acceptable only as a form of short-term austerity measure.
However, the management has chosen this as a tool to bypass seniority or
create a break in service of any employee picked at their complete discretion
without any opportunity of hearing. This is completely unbecoming of a state-
run undertaking.
viii. Further, what can be described as a draconian measure is that an employee, who
will be sent on compulsory LWP, is not only required to clear all loans or
advances taken from the company but will also be mandated to either vacate
company provided premises or pay notified market rent. It is unimaginable that
a government owned and run organization can meet out such treatment to its
employees.
ix. While the employees would be subject to all the aforesaid, they would still be
expected to behave like a bonded labour who will be required to report to their
master and seek their permission to earn an alternate source of livelihood.
Further, no procedure has been prescribed whereby the scheme can be tied
to the improvement in the market conditions. There is no scope of periodic
review or re-assessment which makes this scheme an act of colorable
exercise of power.
x. Lastly and most importantly, this scheme is in complete violation of Article 14 of
the Constitution of India in as much as it treats unequals as equals. No
classification has been made between the core revenue earning segment and
expense-incurring support staff. This is a classic case of under-classification
and is violative of Article 14. There is also no nexus between the goal of the
exercise- which is to bring efficiency- and the Scheme which is not only ill-
thought but also illegal. The management cannot be allowed to misuse and
overuse its power under the guise of this Pandemic.
All of us are in favour of managing the costs efficiently and reasonably to keep the airline afloat
but unilateral and illegal measures like these cannot be allowed to prevail. We further hope that
the management will take note of this in good faith failing which we will be constrained to initiate
legal proceedings against all responsible parties.
Thanking you,
Yours sincerely,
Capt. Kanav Hingorani

General Secretary
Annexure -7 59
AIR INDIA EMPLOYEES' SERVICE ULATIONS

60
AIR INDIA EMP YEES' SERVICE RE ONS
CONTENTS
Pages
Preliminary 3
2 Chapter I - General 4-5
Chapter ll - Definitions 6-9
4 Chapter lll - Appointrnent, Probation, Training &

Medical Examination 1G.12
Chapter lV - Retirement, Resignation &

Termination of Service 1:J-.17
6 Chapter V - Promotion & Senionty 18
7 Chapter Vl - Service Record 19
8 Chapter Vll - Pay and Allowances 2G23
I Chapter Vlll - Transfers and Tours 24-25

I
0 Chapter lX - Leave 2G45
11 Chapter X - Compensation 46
tt Chapter Xl - Passage 47
1r) Chapter Xll - Medical Facilities 48
14 Chapter Xlll- Uniform 49
15 Chapter XIV - Holidays/Weekly Off 50
to Chapter XV - Working Hours 51-54
17 Chapter XVI - Retirement Benefits 55
18 Chapter XVll - Conducl Rules 56-90
)
61
AIR INDIA LIMITED
AIR INDIA EMPLOYEES' SERVICE REGULATIONS
The Air lndia Employees' Service Regulations have been formulated pursuant to
the amalgamation of Air lndia Limited and lndian Airlines Limited into the
National Aviation Company of lndia Limited (NACIL) which was incorporated as
a Public Limited Company on 30" March 20O7 under lhe Companies Act, 1956.
NACIL was turther renamed as Air lndia Limited on 24h November 2010.
The employees of erstwhile lndian Airlines Ltd. yJere govemed by three sets of
Service Regulations viz., (i) lndian Airlines (Flying Crew) Service Regulations
(ii) lndian Airlines Employees (Aircraft Engineering Department) Service
Regulations and (iii) lndian Airlines Employees (other than the Flying Crew and
those in the Aircraft Engineering Department) Service Regulations and two sets
of Standing Orders viz., (i) Standing Orders for Factory Workers and (ii) Standing
Orders (Regulations) conceming Discipline and Appeals. The employees of
ersturhile Air lndia Ltd. were govemed by two sets of SeNice Regulations/
Standing Orders viz., (i) Ceffied Standing Orders applicable to Workmen and (ii)
Air lndia Employees Service Regulations applicable to non-uorkmen categories,
The Air lndia Employees' Service Regulations replace all the above and all
employees of the merged company will be govemed by these Service
Regulations and Conduct Rules.
These Regulations have been framed consequent to the Board Resolution

passed by Air lndia Ltd. in its 52d meeting held on 7s May, 2013 and will take
effect from 1"l April, 2013.
62
CHAPTER I- GENERAL
1 These Regulations shall be known as "Ah lndia Employees' SeMce

Regulationg , hereinafter referred to as the said Regulations.
2 These Regulations are based on recognition of the fact that Air Transport
industry is a public utilw seryice which must operate round the dock on
all days of the week.
J These Regulations are intended to lay down the conditions of service and
develop a work culture comparable to the best in the industry nationally
and intemationally so as to increase produclivity and standads of service
at all levels.
4 These Regulations shall apply mutatis mutandis to all employees in

whole time regular employment of erstwhile Air lndia Ltd. and ersturhile
lndian Airlines Ltd, on the rolls of Air lndia Ltd. as on date as also to all
employees who may be recruited in the whole time regular employment
of Air lndia Limited in future. These Regulations do not apply to part-
time. casual, badlis or daily-rated employees, apprentices/trainees and
those under contrad agreement who shall be govemed by special terms
of appointment in each case. These Regulations shall also apply to
emptoyees on deputation from other public sector, State/Central
Govemments except in so far as specifically excluded.
REPEAL AND SAVING
On and from the date of coming into force of these Regulations, the
followrng Service Regulations and Standing Orders will stand repealed:-
a) Air lndia Employees Service Regulations.

b) Air lndia Certifie'd Standing Orders
c) lndian Airlines (Flying Crew) Service Regulations,
.l
63
d) lndian Airlines Employees (Aircraft Engineering Department) Service

Regulations and
e) lndian Aidines Employees (other than the Flying Crew and those in
the Aircraft Engineering DeparEnent) Service Regulations
f) Standing Orders for Factory Workers of erstuhile lndian Airlines
Limited
g) Standing Orders (Regulations) Conceming Discipline and Appeals, of
ei'stwhile lndian Airlines Limited
Notwithstanding the above, any action, whether completed or in

progress, wlrich were initiated under the above Regulationvstanding
Orders shall be deemed to have been done or taken under the
provisions of these Regulations.
6(D Air lndia Ltd. reserves to itself the right to add, amend, cancel,
suspend and/or modify any or all of these Regulations or Orders
issued thereunder fronr time to time and to give effect thereto from
any date which Air lndia Ltd. may deem fit.
(ii) These Regulations may be modified or substituted as a result of the

decision of the Hon'ble Supreme Court of lnbia in Civil Appeal
no.5921 of 2006 lndian Aidines Ltd., (now Air lndia Ltcl.,) vs Union of
lndia and others, pending decision before the Hon'ble Court.
(iiD Air lndia Limitecl reserves to itself the right to implement these
Service Regulations hrough adminisHive orders laying down
procedures which may be issued from time to time by the Chairman
and Managing Director/ Managing Director or any other officer of the
Company wtro may be authorized in this behaf.
INTERPRETATION:
7 Air lndia Ltd. reserves to itseff the right of interpreting the meaning of
these Regulations and any supplementary Regulations and/or
orders/instructions issued there under and such interpretation shall be
final and binding upon all employees.
)
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CHAPTER II - DEF1NITIONS
-
o Unless there be something repugnant in the subject or context, the terms ^
defined herein are used in these Regulations in the sense eplained
herein and the words imparting masculine gender shall include feminine
gender and the words imparting singular number shall include plural
number and vice versa.
(i) 'Company' means Air lndia Ltd
(ir) "Board" or "Board of Directors" means the Board of Directors of

the Company or the Directors of the Company collectively.
(iii) "Chairman" means the Chairman of the Board of Directors of the

Company.
(iv) "Managing Directo/ means the Managing Director of the

Company.
(v) "Funclional Oirecto/' means full time Directors on he Board of

Directors of the Company.
(vi) "Directo6" mean the members of the Board of Directors of the

Company.
(vii) "Competent Authori!y'' in relation to exercise of any poriver or

performance of any function means the Board of Directors of the
Company, the Chairman and ManagirE Direclor/ Managing
Director, and any fficer of the Company as noffied or specified
in that behatf to whom the power is delegated by the Company
from time to time.
(viii) "Employee" means a person in the whole time regular service of

the Company.
(ix) 'Permanent employee" means an employee appointed on whole

time basis who has satisfactorily completed the prescribed
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probationary p€riod and confirmed thereafter as a regular

employee against the permanent sanctioned post.
(x) "lndia based personnel" means persons of lndian domicile

recruited in lndia as permanent employees.
(xi) "Temporary employee' means an employee whose services

have been engaged for a specified period whidl may be extended
from time to time for work of temporary nature.
(xia) "Probationer" means an employee who is appointed on probation

rn a vacancy or post against permanent establishment strcngth for
the period specirred in he letter of appointrnent or such extended
pedod but has not been confirmed by the Competent Authority in
that vacancy or post.
(xiii) "Part-time employee" means an employee who is employed for

less than the normal period of working hours on specific terms for
specific period,
(xiv) "Contrac't employee' means an employee engaged on specific

terms of contract for a specfic period.
(xv) "Trainee" means a leamer who is engaged lvith or without

payment of stipend as a remuneration during the period of training
which will in no way entitle him to any regular appointrnent and
the period of such training shall not in any way be considered
towards regular service for any purpose.
(xvi) 'Deputationisr means an employee on deputation to Air lndia

Ltd. from other Public Sector or Central Govt. or State Govt.
(xvii) "Cockpit Crer/y" means Pilots including Co-Pilots
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66
(xviii) "Cabin Creu/' means a crew member other than a Cockpit Crew
member.
-
(xix) "Flying Creu/" means Cockpit Cra/v and Cabin Crew
(xx) 'Medical Ofiice/ means a Medical Officer who is appointed by

the Company whether whole time or part-time or a registered
medical practitioner approved by he Company.
(xxi) "Family" unless otherwise specified, means the employee's

legally wedded spouse, children including adopted and step
children, wholly dependent on the employee and dependent
parents; provided that the term Tamil/ shall not hdude a wife or
husband, as the case may be, separated from the employee by a
decree or an order from lhe Competent Court and a child,
adopted ctrild and step-child who is no longer in any way
dependent on the employee or a child, whose custody the
employee has been deprived of by or under any law.
(xxii) "Month' means a month according to English calendar
(ro<rii) 'Payr means the amounl dravm monthly by an employee,

consisting of (i) basic pay in the pay scale applicable to the post
held by the employee and (ii) any other emoluments which may
be specifically dassified as pay by the Company but excludes
productivity rehted payments, Special Pay or Pay granted in view
of his personal qualifications.
(xxiv) "Temporary transfe/' means transfer for a limited period not less
than 30 days but not exceeding one year.
(uv) "Govemmenf means Govemment of lndia
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(xxvi) Substantive pay" means the pay to which an employee is

entitled on account of a post to which he has been appointed
substantively or by reason of his substantive position in a cadre.
(xxvii) 'Scale of pay" means pay which, subiect to any conditions

prescnbed in lhese Regulations, rises by annual increment or
such additional increment(s) as may be granted by the competent
Authority from time to time from a minimum to a maximum. The
scale of pay of vanous posts rn the Company shall be laid down
by the Company from time to time.
(xxviii) "Special pay' means an addition to the nature of pay to the

emoluments of a post or of an employee, granted in consideration
of
(a) the specially arduous nature of duties,

(b) a specific addition to the work or responsibility,
(c) other special grounds as determined from time to time by
the Company.
(xxix) "Personal Pay' means additional Pay granted to an employee:-
(r) in a permanent post other than a tenure post to save him

from the loss of substantrve pay due to a revision of pay or
to any reduction of such substantive pay otherwise than as
a disciplinary measure, on
(ii) in exceptional circumstances
9
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69
CHAPTER III - APPOINTMENT, PROBATION,

TRAINING AND MEDICAL EXAMINATIONS
I The establishment strength, including both the number and designation of

posts in the various categories and sc€les, shall be determined by the
Company from time to trme. Temporary additions to the number of posts
may be made by such Officers, as may be authorized by the Company rn
this behalt
10 Appointments to various posts shall be made by promotion or selection or

drrect recrurtment or by deputation from the Central Government and/or
any other State Govemments and/or Pubhc Sector Underlakings or
defence services in accordance with such conditions as the Company
may determine from time to time
11 The appointment of every person in a permanent vacancy shall be

subject to hrs being certified medrcally fil by the Company's Medical
Otficer. ln addition, the Company may direct any employee or panicular
c€tegories of employees to undergo Medical Examination either
penodrcally or as and when requrred, and all employees sna/ unaerso
such Medic€l examination when directed to do so
i2 (a) Every person on rnitial appointment to a permanent vac€ncy or

oost in the Company shall undergo a period of probation of one
year, or as notifred from time to time:
Provlded that th€ Competent Authority may, for reasons to be

recorded in writrng, extend the period of probation of an employee
on inihal appointment, if the work and performance of the
employee during the perioo of probation is not satisfactory or fails
to acquire the required endorsement within the stipulated time in
respect of Licence/Certificate/Approval as may be prescribed from
time to time. Ouring the penod of probation or at the end of the
probationary penod. the services may be terminated wrthout
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assigning any reasons by either party by giving 30 days notice or

pay in lieu thereof except where otherwise provided.
A person appointed to a post shall be deemed to be confirmed

unless the probation is enended for reasons to be recorded within
three monlhs of the expiry of the probation period. Provided that
the total period of probation on initial appointrnent of any
employee shall not exceed three years including the initial period
of probatron,
Provided fu,ther that a person appointed to a post will be

confirmed only on receipt of verification of his character and
antecedeflts and of caste certificate (if applacable).
Provided further that a person appointed to a post will be

confirmed only upon his obtaining the licencesi/ approvals/
certificates which form part of lhe requirement as per lhe terms
and condiuons of his appointment to lhat post.
(b) Every person promoted to a permanent vacancy or post from

lower Group to higher Group i.e. Group D to Group C, Group C to
Gi'oup B and Group B to Group A and/or required to acquire the
requisite endorsement within the stipulated time in respect of
Licence/Certificate/Approval as may be prescribed from time to
time shall also be required to undergo a period of probation of one
year as notified from time to time.
Provided that the Competent Authority may, for reasons to be

recorded in writing, extend the period of probation of an employee
on sucfi promotion to a permanent post or vacancy if the vvork
and performance of the employee during the period of probation is
not satisfactory or fails to acquire the required endorsement within
the stipulated time in respecl of Licence/CertificatdApproval as
may be prescribed from time to time or altematively, revert the
employee to the substantive post without assigning any reason
therefor, either during the period of probation or at he end of the
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probationary period. However, a person promoted to a post will be

deemed to be confirmed unless the probation is extended for
reasons to be recorded in writing, within three months of the
expiry of the probation period. Provided further that the total
period of probation of any employee shall not exceed three years
includlng the initial period of probation.
Provided further that a person promoted to a post shall be

confirmed only upon his obtaining the licenseg approvals/
certificates which form part of the requirements of the promotion
to the higher post.
(c) Employee may be confirmed by reducing the period of probation

at the discretion of the Chairman and Managing Director/
Managing Director, except in cases of initial appointment.
13. (a) An employee of the Company is liable to undergo training

anyrrvhere in or outside lndia as may be required.
(b) An employee shall undergo training, examinations, tests, whether

practical or theoretical, written or oral, from time to time, as
required by the Competent Authority and also qualify after such
tests, where permits, approvals and licences, as applicable, are
involved on such terms and conditions, as the comp€tent authority
may decide from time to time. The employees shall keep
continuously oJnent all their permits, approvals and/or licences as
per the requirement of their duty and from time to time, shall
obtain further permits, approvals and/or licences as required by
the Competent Authority within the stipulated time. The Company
reserves its right to require the employee deputed to undergo
training to execute a bond, agreement, guarantee etc. in respect
of the training so imparted in the manner and form, as may be
prescribed setting out a minimum period of service that the
employee is required to complete with the Company.
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,}
GHAPTER IV - RETIREMENT, RESIGNATION AND

TERMINATION OF SERVICE
14, RETIREMENT:
(a) An employee shall superannuate from the service of the Company

on attaining the age of 58 years with retirement benefits as per
applicable rules;
Provided that the Competent Authority may ask an employee to

retire with retirement benefts as per applicable rules on attaining
the age of 55 years on giving three months notice without
assigning any reason;
Provided further that the c€bin crew shall be subjected to periodic

medical examination as may be pressibed by the Directorate
General of Civil Aviation and the company from time to time.
However, the competent authority may retire with attendant
retirement benefits a cabin crew yyho has completed 20 years of
service, and has remained, medically unfit, ol has otherwise not
maintained the prescribed physical standards as prescdbed under
the Aircraft Rules, 1937 or by the Directorate General of Civil
Aviation and the company, from time to time, for a pedod of six
months or more or offer ground duties subject to qualifications
and suitability of a post. ln such cases, Cabin Crew would be
eligible for pay, allowances and c€rreer progression as applicable
for tlat posl
However, other specific terms of contrac{ of employment shall

prevail.
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VOLUNTARY RETIREMENT
(b) An employee may, by giving three months notice, voluntarily retire

from service with retirement benefits as per applicable rules:
(D on attaining the age of 55 years; or

(iD on completion of 20 years of continuoris seNice
Provided that the Competent Authority may refuse to accept

voluntary retirement by an employee under Clause (i) or Clause
(ii) above in case any disciplinary aclion is pending against the
employee or the employee is under suspension.
Provided further that the voluntary retirement under clause (ii)

above shall be subjed to the approval of the Competent Authority.
Provided further lhat if an employee serving three months notice

for retirement under sub clause (i) and (ii) above, makes a request
in writing for waiving the notice period in part or in full, the
Competent Authority may, having regard to the merits of the case,
approve such requests provided that the retirement does not
become effeclive before the employee has aclually attained the
age of 55 years or has actually completed 20 years of continuous
service, as the case may be.
1E The retirement of an employee shall take effect from the close of work on
the last day of the month in which the employee attains the age of
superannuation instead of the actual date of superannuation. Those bom
on 1e day of the month shall retire on the last day of the previous month.
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T MENT EMPLOYM
16. (a) An employee of the level of Assistant Manager/equivalent and

above who retires from service, whether on superannuation or
upon voluntary retirement, shall not take up post-retirement
employment for a period of one year unless he has applied for
and obtained a No-Objection Certificate from the Company as per
instructions prescribed from time to time in this regard.
(b) Provided that no employee of the level of Assistant

Manager/equivalent and above shall, within a period of one year
from the date of his retirement, (wheher on superannuation or
upon voluntary retirement), take up employrnent rvith any
competing airline or with any organization having competing
interests vis-i-vis Air lndia and/or its subsidiary/ joint venture
companies or with any organization with whom such employee
had dealings while in the service of the Qompany.
(c) A retired employee, who, in violation of Regulations 16(a) or 16(b)

takes up employment within a period of one year fom the date of
his retirement, \,vill be liable to forfeit his post-retirement air
passage andor Holiday Home facilities for such period as decided
by the Competent Authority.
TERMINATION OF SERVICE:
17. (a) The services of an employee may be terminated without assigning

any reasons to him/her and without any prior notice but only on
the following grounds not amounting to miscorduct under these
Reguhtions, i.e.
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..
(i) if he/she is, in the opinion of the Board of Directors of the
:
Company, incompetent and unsuitable for continued
employment with the Company and such incompetence
and unsuitability is such as to make his/her continuance in
employment detrimental to the interest of the Company,
or
(iD if his;/her continuance in employment constitutes, in the
opanion of the Board of Diredors of the Company, a grave
security risk making his/her continuance in service
detrimental to the interests of the Company;
or
(iii) if , in the opinion of the Board of Directors of the Company,
there is such a justifiable lack of confidence which, having
regard to the nature of duties performed, would make it
necessary in the interest of the Company, to immediately
terminate his,/her services.
Provided hourever that, in emergenl sifuations for reasons to be

recorded in writing, the CMD/MD may terminate the services of
employees subject to the subsequent approval of such adion by
the Boand of Directors of the Company.
(b) The services of the employee are liable to be terminated without

noti@ on cancellation or withdrawal of licence/endorsemenv
approval in case of categories where licerrce/endorsement/
approval is a mandatory requirement .
RESIGNATION:
18 No employee shall resign from the employment of the Company without

giving six months notice in writing to the Company, in case of
licence/approval categories.
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In all other cases, employee shall give three months notice in writing to
the company or pay compensation in lieu of the notice period. Such
compensation shall be equivalent to the pay and allowances the
employee would have drawn during the relevant period.
Provided that Chairman and Managing Direclor/Managing Director in
case of licenc€y'approval categories and the Competent Authority in other
cases may dispense with or reduce the period of notice on grounds of
conttnued ill-health of the employee or such other compelling or extra-
ordinary circumstances which in the opinion of the Chairman and
Managing Diredorruanaging Director/Competent Authority wanants suctr
dispensing wth or reduction in the period of notice;
During the notice period, the employee is required to be on duty and

serve the company. The notice period will not run conqrnently with leave
unless specifically permitted under exceptional circumstances by the
Competent Authority.
Provided further that the Company shall have the right to refuse to accept
the resignatiorv termination of services by an employee where such
resignation/ termination of service is sought in order to avoid disciplinary
action contemplated or taken by the management or such employees
who are on bond obligations and/or other obligations to seNe for a
specified period of time. Where the Company decides to accept the
resignation of an employee who is under an obligation to serve the
Company for a specified period of time after training, the Company shall
also have the right, as a precondition to acceptance of the resignation, to
advise the employee to reimburse to the Company elpenses on
imparting training and the other payments made to the empbyee during
the training.
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CHAPTER V - PROMOTION AND SENIORITY
19 An employee of the Company will be eligible for promotion to a higher

scale of pay in accordance with the applicable rules made by the
Company from time to time.
20 The seniority of an employee shall be determined in accordance with the

applicable rules made by the Company from time to time.
21 CURRENTCHARGE
\y'y'hen required by the Competenl Authority, an employee shall hold

current charge of a higher post in addition to his cn n duties. An employee
when required by the Competent Authority to hold current charge of a
higher post in addition to his own duties and when such dtarge is held for
a period of not less than 60 days, shall be entiUed to a charge allowance
at the rate of 10 % of his basic pay.
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CHAPTER VI - SERVICE RECORDS
22 The Company shall maintain in the prescribed form service record, by

employee number, in respecl of all employees of the Company, whether
in permanent or temporary capacity. Records will be maintained by
Personnel Department.
23 This record is intended to be a complete authorized official record of an

employee during his tenure of employment with the Company.
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CHAPTER VII - PAY AND ALLOWANCES
24 Pay-Scales
The scales of pay for various categories of employees uould be in

accordance with Department of Public Enterprises (DPE) guidelines and
shall be notrfied from time to time only after approval of the Board of
Directors of the Company and approval of the Administrative
Ministry/Govemment where necessary.
25 Allowances
Certain allowances may be given to the employees as may be notified

from time to time by establishment orders in accordance with DPE
guidelines and orders of the govemment issued from time to time.
26. Regulation of Pay and Allowances
The pay and allowances of an employee are payable from the date from
which he takes charge of the post or service to which he is appointed
unless otherwise specified in the order of appointment lf the charge of
the post is assumed before 12 noon, the pay and allowances shall be
admissible from the same day and if the charge of the post is assumed at
12 noon or thereafter, the pay and allowances shall be payable from the
following day.
27 . Pay Fixation on Appointment and promotion:
(i) A new entrant on first appointrnent to a post on a scale of pay

shall draw the minimum pay of the scale prescribed for the post,
unless the Appointing Authority with the prior approval of
Chairman and Managing Direclor/Managing Director issues
special orders regarding the fixation of his initial pay at a higher
stage considering his qualifications and experience or the special
merit which shall be recorded in writing and which shall not
exceed five increments in the applicable scale of pay. But the
same should not be reckoned for the purpose of number of years
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81
of service counted for the years of promotion. ln cases of
promotion or appointment on a pernanent basis of serving
employees to a higher scale, one notional increment equal to the
Increment being drawn by the employee in the pay scale b€fore
such promotion rarculd be granted and pay fixed in the promoted
scale rounded off to the next multiple of Rs 101.
Provided that, if the pay so raised is below the minimum of the

higher scale, the pay shall be fixed at the minimum of the higher
scale;
(ir) On reversion to his substantive post, the employee appointed to

a higher post, shall be entitled to the pay whictr would have been
admissible to him had he not been so promoted.
28. lncrement
(1) On appointment
D A neu, entrant on first appointment to a post in lhe

Company shall draw his increment aftei completion of one
yea/s satisfactory and approved service in the prescribed
scale of pay or on confirmation, whichever is later, unless
it is withheld by the competent authority for reasons to be
communicated to the employee, in writing.
iD Subject to provisions in Clause (i) above, lncrement shall

be granted on the 13 of the month in which he completes
twelve months of service.
(2) On promotion
A serving employee, on promotion to a higher scale of pay, shall

draw his increment in the higher scale of pay as follows, namely:
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(i) ln cases where an employee on promotion is fitted at the

minimum of the higher scale of pay, the increment shall
accrue to him one year after the date of promotion.
(ii) ln cases where an employee is already at the maximum of

his existing scale of pay on the date of promoton, the
increment in the higher scale of pay shall accrue to him
after one year from the date of promotion unless his
secondary increment is due within the year, in which case
his next increment shall accrue to him on the date on
which his secondary increment falls due.
(iii) ln all other cases, the increment in the higher scale of pay
shall accrue on the date on whictt an employee would
have eamed an increment in the lower scale had he not
been promoted.
Provided that an employee on promotion shall dra\ / his increment

on the first of the month in which he completes 12 months of
servrce
(3) Secondary lncrement
Employees at all levels stagnating at the maximum of the

applicable scale of pay may be granted secondary/stagnaUon
increments every altemate year of service from the date they
reach the maximum of their applicable scale of pay, subject to a
maximum of three secondary/stagnation increments in hat grade
provided that the employee gets a performance rating of 'Good' or
above.
(4) lncrements are dependent on business conditions as well as the

conduct of the employee and no increment within a scale of pay
accrues as of right or as a matter of course. The Competent
22
83
Auhority may gEnt, or f or reasons to be recorded in writing

ref use or defer an increment which shall not amount to a
punishment under the Conduct Rules:
Provided that no increment shall be refused or defened unless
a The employee is informed in writing of the grounds on

which it is proposed to refuse or defer the insement;
b He has been given a reasonable opportunity of showing

cause as to why the increment should not be refused or
deferred. ln ordering the deferment of the increment, the
Competent Authority shall state the period for which it is
deferred and whether the postponement shall have the
effect of posiponing the future increments and
c Where in a pay scale a licence bar is prescribed, the

increment next above the bar shall not be granted without
obtaining the licence/the specific sanction of the
(s) Employees in all levels who have in the opinion of the Competent
Autrority, rendered outstanding services during the year may be
granted advance increment not exceeding three.
The Competent Authority will atso indicate whe,ther the grant of

Advance increment(s) will affect the date of the normal annual
increments.
(o) Leave withorrt pay and allowances taken on medical grounds duly
certified by the Medical Officer of the Company shall not affect the
date of annual increment. ln all other cases of leave witlput pay
and allowances, il shall have the effect of postponement of
increment to the extent of such leave availed.
(7) Periods of absence without sanction of Competent Authonty shall

have the effect of posFoning the date of increment to he extent
of such periods of absence.
2)
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CHAPTER VIII - TRANSFERS AND TOURS
29 Transfer An employee is liable to serve anywhere in or outside lndia and

in any Corporate Function/Strategic Business UniUSubsidiary
Company/Joint Venture, as may be required.
30 The Competent Authority may transfer/re-deployidepute an employee in

exigencies of service and/or needs of administration from one Corporate
Functior/Strategic Business UniUSubsidiary Company/Joint Venture
and/or station to anluhere in lndia or abroad and/or in any of the
Corporate Function/Strategic Business Units/Joint Venture or posiuon an
employee on secondmenudeputation in a Subsidiary Company/Joint
Venture, provided that his pay, scale of pay and continuity of service are
not adversely affected by such transfers/re.deploymenudeputation/
secondment
31 ln exigencies of service ancuor needs of administration, an employee is

also liable to be sent on duty tours.
32. The terms and conditions, includirE payrnent of travelling and daily
allowance and other benefrts to the employees who are sent on duty
tou6 in connection with Company's \ir/ork or sent on temporary
transfer/permanent transfer/posting at outstations (including foreign
station), shall be govemed by establishment orders/instructionycirculars
as may be issued from time to time. The reimbursernent of lay over
allowance will be on the scales approved by the DPE or the govemment
from time to time.
33 An employee shall be eligible for joining time of seven days inclusive of

joumey trme in case of permanent transJer and three days inclusive of
Joumey time in case of temporary transfer having a duration of one year.

Provided that in case of a tempo€ry transfer, ioining time shall be availed
immediately after the employee is released from the station and before
he reports for duty in the station of transfer.
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During the curency of joining time, the employee will not normally be
required to attend official duties. The Competent Authority may however
in the exigencies of work, call him on duty and in such case, the
employee shall be albu/ed at a later date but not exceeding three months
from the date of his reporting to the new station on permanent transfer,
and fifteen days from the date of his reporting to the neu staton in the
case of temporary t-ansfer, to avail of the balance joining time admissible
to him.
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CHAPTER IX- LEAVE
General conditions regarding all kinds of leave
34 No kind of leave can be claimed as a matter of right. The authority

empourered to grant leave may refuse or revoke leave according to the
exigencies of the Company's work, but cannot alter the kird of leave due
and applied for.
35 All leave shall be applied for in writing addressed to the appropriate

authority within the time prescribed by the applicable rules.
36 SundayArVeekly off day or a holiday falling at the beginning or at the end

of the leave period or both shall not be counted as part of the leave. A
SundayMeekly off day or a holiday falling between the first and the last
day of the leave period shall be counted as a part of the leave taken.
Note. A compensatory off day/days may also be prefixed or suffixed to

any type of leave with the prior permission of the Competent Authority.
a', lf leave is refused, postponed, revoked, the reason thereof shall be

communicated to the employee concemed.
38. Casual Leave:
An employee shall be eligible for Casual Leave to the extent of 10 days in

a Financial year either for personal reasons or on grounds of sickness.
This shall not be accumulated. Normally not more than three days
Casual Leave will be granted at a time. Casual Leave cannot be
combined with any other kind of leave.
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87
N ote
(i) Employees wrth less than a yeaf s service will be granted

Casual Leave on proportionate basis.
(ii) Casual Leave can be taken while on tour but no daily

allowance or any other benefit shall be admissible for the
period.
(iiD Casual Leave shall ordinarily be granted for a full day;

however, the Competent Authority @n sanclion Casual
Leave for half a day at his discretion depending on each
case.
(iv) Casual Leave standing to the credit of an employee shall

lapse on the date of cessation of service by way of
retirement, death, resignatlon, removal, dismissal or
termination from service etc.
39. Privileqe Leave
(1) An employee, on completion of 12 months @ntinuous service shall be

eligible for 30 days' Privilege Leave with pay. On completion of the first
12 months seryice, his Privilege Leave ac@unt will be credited with 30
days and thereafter leave account will be updated as on 1d April each
year at the rate of 2 % days per.month- The Privilege Leave may be
accumulated upto 300 days.
For the purpose of determining Privilege Leave entitlement, period of

absence of he following types shall not col#as service:
(a) Periods on full loss of pay

(b) Unauthorized absence
(c) Study Leave
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88
(2) The carryover of leave thus worked out shall be restricled to 30O days
and the balance of leave, if any. shall lapse.
(3) A temporary employee, although he eams Privilege Leave from the date
of his appointment, shall be eligible to avail of the leave only after he has
completed one yeaf s service.
40. Encashment of Leave
(A) \ rN SERVTCE
'HILE
An employee may be permitted to encash Privilege Leave subjec{ to the

following conditions, namely :-
(a) the encashment of Privilege Leave shall be allorred at the

option of the employee, only once in a financ,ial year
(b) Maximum number of days for which Privilege Leave can
be encashed will be 15 days subject to the following
conditions:
(i) Employee has to avail 15 days leav,e.
(ii) On the date of encashment one years' entitement is to
be retained at the credit of the empbyee.
(c) for the purpose of encashment of Privilege Leave, only
Basic Pay + DA shall be taken into account
(d) the rate of encashment per day shall be calqrlated on the
basis of the emoluments specified in condition (c) and
dravrn by an employee in the month preceding the month
in which he applies for encashment, divi<led by thirty.
(e) no encashment of Privilege Leave shall be permissible to
an employee during the period of his suspension from
service; -
(0 the amount payable towards the Privilege Leave
encashment shall not be reckoned as pay for any purpose
including Provident Fund contribution;
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(s) Provided that the Company rnay at any point of time with
regard to its financial conditiofls disallow bncashment of
Privilege Leave for such duration as the Company thinks
fit
(B) ON CESSATION OF SERVICE:
While Privilege Leave standing to the credit of an employee shall

lapse on the date of cessation of seNice on any grounds
whatsoever, an employee shall be permitted to encash Privilege
Leave subjecl to the following condfions:
(i) ln case of death of a permanent employee, the legal heirs
of the cleceased employee shall be paid tfle leave salary in
respeci of the Privilege Leave standing to the credit of the
employee on the date of death.
(ii) Vvhere an employee retires from service in terms of clause

(a) and O) of Regulation 14, he will be allowed to encash
Privilege Leave standirE to his credit al the time of such
retiremern.
(iii) The leave salary which an employee is entitled to encash

shall be limiled to 300 days and shall be paid in one
lumpsum as one time settlernent
(iv) The authority to grant leave shall also be authorized to

grant encashment of Privilege Leave to the credit of an
employee on the date of his retiremenvdeath.
(v) The benefit of encashrnent of Privilege Leave shall not be

admissible to :
(a) Employee on contracl;

(b) Temporary employee;
(c) Apprentices and Traanees;
(d) Employees appointed for a specific project;
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90
(e) Employees who resign or whose seryices are

terminated on disciplinary grounds;
(0 Employees on deputation.
(vi) for the purpose of encashment of Privilege Leave, only

Basic Pay + DA shall be taken into ac@unt.
41 The salary admissible to an employee for the duration of Privilege

Leave, shall in addition to his Basic Pay and personal pay, indude
the other allowances as decided from time to time.
42 Half Pav Lea ve/Full Pav Leave
(D FlyinEQrew:
A member of frying crew shall be eligible for 21 days Full Pay

Leave in a Financial year. Such an employee may carry over to
the next financial year any unavailed portion of Full Pay Leave not
exceeding 9 days per financial year subject to tt|e condition that
the leave thus accumulated shall not exceed 8o,days at any one
trme. This leave can be availed only on sickness ground.
(ii) Otheremplqrees
All other employees (except flying crew) shall be eligible for Half
Pay Leave of 20 days wtrich may be commuted to 10 days on full
pay for eacfr financial year. This leave may be accumulated upto
120 days on full pay, This leave can be availed only on sicknesS
ground.
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43 Adjustment of Hatf Pay Leave against shortfall in Privilege Leave at

the time of cessation of service for the purpose of encashment of
Privilege Leave as provided under Service Regulation 4O(B) .
Half Pay Leave at the credit of an employee may be adjusted against

shortfall in the Privilege Leave (maximum permissible accr.rmulation of
3m days) at the time of cessation of service for the purpose of
encashment of PL as provided under Service Regulation 40(B). The
cash equivalent payable for Hatf Pay Leave would be equal to leave
salary as admissible for Half Pay plus DA. To make up the shorffall in
Privilege Leave, no commutation of Half Pay Leave shall be permissible.
ln case of flying crew Full Pay Leave at the credit shall be first converted
into half pay and number of days enhanced accordirEly and thereafter
adjusted as per the foregoing principle.
44 Temporary employees with less than a yea/s service shall be eligible for
grant of Half Pay Leave/Full Pay Leave on sickness grounds on pro-rata
basis.
45 Medicel Certificate
Any Leave for a period exceeding two days in combination or othenrise
on_grounds of sickness shall be supported by Medical Certiftcate from (a)
either the Medical fficer of the Company or (b) a Medical Practitioner (of
Allopathic system of Medicine) duly approved by the Company which
must by countersigned by the Company's medical offcer. An employee
who has rernained away from duties on grounds of sickness for a period
of serren days or more, will be alloued to rejoin duties only upon issuance
of certificate of frtness by he Medical Officer of the Company.
Provided that in case a member of the flying crqr remains on Half pay
Leave /Full Pay Leave for seven days or more conseantively, on grounds
of any illness, whether physical, psychosomatic or psychological, flying
crew shall not be utilized for flight duties unless certified by a medical
board constituted for the purpose by the Company. Provided furtrer that
in case of hospitalization. Certificate of Fitness from Company
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empanelled hospitaucovt. hospital shall have to be submitted,' which

should be duly certified by the Medical Officer of the Company.
Provided further that in case a member of the flying crew (other than
Cabin Crew) remains on Hatf Pay Leave /Full Pay Leave for fourteen
days or more consecutively, on grounds of any illness, whether physical,
psychosomatic or psychological, flying crew shall not be utilized for flight
duties unless a reference is made to Directorate General of Civil Aviation
for certification.
Provided further that lndia-based personnel going on leavey'temporary

duty abroad and fallirE sick in a foreign country must submit a medical
certficate from a Registered Medical Practitbner praclicing in the said
foreign counfy. ln case the period of sickness exceeds sevbn days, such
Medical Certificate should be got duly countersigned by the Medical
fficer of the nearest lndian Embassy/ High Commissiory' Consulate.
46. Accident and disability leaye
(1) An employee sustaining an injury caused by an accident arising

out of and in the course of his employme0t, or by illness
contracied:
(D during the @urse and in consequence of the .ll'e
performance of the duties ass(Jned to him, or
(iD in the performance of any particular duty whicfi has the

effect of increasing his liability to illness beyond the
ordinary risk of attending the normal duties assigned to
him,
may, on produclion of a medical certificate in the prescribed form

be granted Accident and Disability Leave upto a maximum of one
hundred and twenty days.
(2) During the period of leave granted under sub-regulation (1) the
employee shall be entitled to his full pay. Provided that an
employee who is unable to resume duty after the expiry of the
' leave granted under this Regulation, may be granted, at the
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93
discretion of the Chairman and Managing Director/Managing

Director, an e)densron of sucfi leave on full pay for a period not
exceeding one year if a medical board constituted by the
Company for the purpose, recommends such exension.
(3) The grant of this leave is subject to the condition that the accident
or illness is not due to the employee's negligence or default and
that the employee obeys all instructions given by the approved
medical authority as to treatment during the period of absence
and that only when the injury or the occupatbnal disease is
rbported within 48 hours of the occunence by the employee.
(4) ln the case of an employee who is govemed by the Employees 's

Compensation Act and/or the National Heallh lnsurance Scheme
andor ESI (Employeel State lnsurance) Ad, the pay and
allowances paid to him during suci| bave shall be subjed to
adjustrnent of any compensation or benefit admissible under the
aforesaid Aci and/or Scheme.
(s) An employee may avail any other type of leave other than Casual
Leave and special casual leave in continuation of this leave.
47 Study Leave
(1) An employee may be granted study leave by the Chairman and

Managing Director/Managing Direclor at his discretion on the
merits of each case, on such terms and conditions as he may
deem necessary.
Subject to the conditions hereinafter mentioned, Study Leave may

be granted to an employee, with due regard to, exigencies of
service and needs of administration to enable him to undergo, in
or out of lndia, a special course or specialized training in a
specialized or technical subject or investigation of a scientific or
.)J
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technical nature. having direct and close connection vvith the

activities of the Company and the knowledge thus gained is likely
to be of advantage and in the interest of the Company and it
should also contribute to the improvement in the performance of
the duties of the employee.
(2) Study Leave may be granted only once in the entire p€riod of
servic€ of an employee subJecl to the following conditions/criteria
(a) This is for the pursuit of studies other than acaqemic or literary
subjects.
(b) Study Leave may also be granted for pursuing a course of higher
study from a recognized educational institution, having direct and
close @nnection with the activities of the Company and the
knowledge thus gained is likely to be of advantage and in the
interests of the Company.
(g) Privilege leave can be combined with Study Leave.
(d) The maximum study leave that may be granted to an employee

shall be ordinarily twelve months at any one time. This may be
extended upto a maximum of further twelve months, with the
approval of the Chairman and Managing Director/Managing
Director.
e) On no account this leave shall exceed twenty four months in all

inclusive of similar kind ot leave for study or training under any
other rules.
(r) Study leave may be granted only to a permanent employee who

has rendered not less than five years continuous seNice with the
Company induding the period of probation in he Company and
who,is not due for retirement on superannuation within five years
from the date on which he is expected to retum to duty after the
expiry of the study leave.
3.i
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(s) Every empbyee who has been granted study leave (initial as well
as extended) shall execute a bond in the form and manner as may
be prescribed by the Company, undertaking to serve the
Company for a minimum of five years after the epiry of the leave.
(h) Every employee who has been granted study leave shall send to
the Head of Corporate Functionvstrategic Business
Uniusubsidiary Company concemed periodical reports on the
progress of shrdies. The period should not normally exceed four
months at one time. On completion of the course of strJdy, the
employee shall submit to the Competent Authority cefificates of
examination passed on special courses of stJdy undertaken.
\ly'hen the course of study falls short of leave granted (initial as
well as extended) the employee shall resume duty on the
conclusion of the course of study.
(D Study Leave will not count as service for the purpose of employee
eaming leave of any kind.
o During Study Leave, an empbyee will not be entitled to any

facilities such as uniform, passage, etc. However, an employee
will be entitled to medical facility.
(k) Sh.rdy Leave yvill be granted without any pay and allowances. The
Company. will not be liable to bear any ependiture toryards the
cost of study.
(t) All applications for study leave should be submitted to the

Competent Auhority through the Head of Corporate
Functions/Strategic Business Uniusubskliary Company
concemed. Such applications should contain full details of the
course of studies, proof of admission to the lnsfitute/College or
University together wth a copy of the programme of the study etc.
l5
96
and specify the examination which the applicant may be required

to take. The application should be submitted sufficienuy in
advance of the commencement of the course.
(m) The entire period of study leave will not count as service for the
purpose of increment and neither \ /ill an employee eam notional
increment upon his resuming duties after the erpiry of the period
of study leave.
(n) The duration of study leave will not be reckoned to delermine the
duration of total service for benefits like Long Service Memento,
Passage, Grafuity and Pension.
(o) The period of stu<ly leave availed will also not be counted for the
purpose of determining number of years of service in the
company/in the grade, for the purpose of any promotiorVany other
facility based on number of years of service.
48. Quarantine Leave:
(1) This leave is leave of absence from duty necessitated by

presence of infectious disease in the family or household of an
employee.
(2) An employee may, on production of a quarantine cerlificale issued

by the State or Central Govemnrent or Municipal Medical
Authority or Medical Officer of the Company, be granted
Quarantine Leave with pay for a period not exceeding 15 days.
(3) Quarantine Leave is to be granted in cases of drolera, small pox,

plague, diphtheria, typhus fever and cerebrospinal meningitis and
Measles.
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(4) This leave can be combined with any other type of leave except
Casual Leave or Special Casual Leave.
(5) Quarantine leave is not admissible in cases in which an employee

himself is suffering from an infeciious disease. ln such cases the
employee should be given the normal Casual, Half Pay Leaver'Full
Pay Leave or Privilege Leave at his credit.
49. Maternity Leave
(1) Permanent female employees with less than two surviving'

children shall be eligible for grant of Matemity Leave with full pay
which may er€nd upto 135 days. Horrever in other cases, lhe
provisions of Matemity Benefit Act 1961 u,ould apply.
(2) A member of the flying crew must report to the Medical Officer of
the Company in case of missed menstruation, not later than 42
days from the first day of the last menstrual period.
(a) On confirmaton of pregnancy, the Medical Officer will

advise lhe concemed sectior/ deparineFt not to roster the
flying crew member for flying duties and the said flying
crew would be deemed to be on leave from the date she
first reported to he Medical Officer.
(b) Provided further that ttc Company may, at its sole

discretion and having regard to its work exigencies, make
provisions for utilizing sucfi female flying oew for ground
duties for such period as may be recommended by the
Medical Officer of the Company.
(c) ln case the pregnancy is not confimed, the Medical

Officer lvould advise the concemed sec;tiorvdepartment to
roster the female flying crew member for flying duties.
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(d) lf menstruation does not occur within the ne)d fourteen

days of reporting for flying duues, the female flying crew
to the Medical Officer of the
member shall report
Company, who would advise the concemed
section/department not to roster the Flying Crew for flying
duties. On confirmation of pregnancy, the said flying crew
would be deemed to be on leave from the date she first
reported to the Medical officer.
(e) ln case of delivery after 28 \r!eeks, the female flying crew

member shall not resume duties till the lapse of 42 days
from the date of delivery or till she is issued certificate of
fihess for flying duties by the Company's Medicat Otficer,
whichever is later.
(f) Of sucir leave granted to the bmale flying crew member in

terms of clauses (a), (d) and (e) above, 135 days shall be
treated as
Matemity Leave. The female flying crew
member shall have the option to adjust all or part of the
balance period of the leave against leave due to her credit
or to avail part or whole of the balance period as Leave
without pay.
(3) Matemity Leave may be combined with any other kind of leave
50 Medical Termanation of Preonancv Leave:
A female employee will be eligible for Medical Termination of Pregnancy

leave with full pay not exceeding six weeks (irespective of the number of
surviving cfrildren), in case of miscaniage or medical termination of
pregnancy on prcduction of medical certificate acceptable to the
Company's Me<lical Officer. A female employee shall however be entitled
for leave under this Regulation only if the miscaniage or medical
termtnation of pregnancy has occuned ater he 12t week of pregnancy
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99
and before 28rh week. ln case of miscaniage or medical termination of

pregnancy after the 28u week, a female employee would be entitled to
Matemity Leave as provided for in Regulation 49. Horever, in case of
flying crew, crew shall resume flying duties only after forty two days have
lapsed from the last date of leave so granted, or upon being issued
certificate of fihess by the Company's Medical Officer to resume flying
duties, wtrichever is later.
51. Adoption Leave:-
(1) A female employee who cirooses a a chiH will be eligible

?g["E
for Adoption Leave not exceeding 405 days provided that (a) the
child adrpted is four months old or less at the time of adoption (b)
the adoption is valid and in compliance with the hws of the land
for the time being in force and (c) that such leave is permissible
only upto two surviving children inclusive of biological children. A
female employee who wishes to avail of Adoption Leave shall
fumish all the required doqrmenls in proof of such valid adoption.
(2) Adoptbn Leave can be combined with any other kind of leave.
52. Pale41! _1-eave:','
A male empbyee with less than turo surviving cfrildren may be granted
Patemity Leave br a period of fneen days from the date of delivery of the
chilcl. The m€dical certiflcate pertaining to the delivery should be
submitted br record along with the leave application. DurirB the period of
such leave, he shall be paid leave salary equal to the pay drawn
immediately bebre proceeding on leave. Patemity Leave may be
combined with any other kind of leave.
53. Soecial Lea ve for iniuries durino soo no activities: |1
An employee who takes part in any sport in a recognized toumament as

a duly authorized representative of the Company and sustains an injury
while actually participating in an event of the toumament shall b€ eligible
i9
100
for the grant of Special leave, This leave will be granted only on the
recommendation of the Medical Officer of the Company. The maximum
leave granted for this purpose shall not exceed 30 days in a calendar
year
54. Special Casual Leave for sports activities:l I
A permanent employee or a temporary empbyee, who is a sportsman of

all lndia repute and who takes part in sporting events, toumaments and
matches of interstate, national or intemational level held eilher in lndia or
abroad or an employee called for trials, tests or training connected
wiwpreceding each selec{on or for coaching/umpiring/refereeing/
managing of a team participating in sporting events inter-state, natonal or
intemational level may at the discretion of the Competent Authority be
granted Special Casual Leave subject to the conditions montioned in
clauses (i) and (ii) belorrr:
(D The total period of Special Casual leave shall not exceed

30 days in any one calerdar year. Any period of absence
in excess of 30 days should be treated as reguhr leave of
the kind admissible under the SeMce Rpgulatims. This
leave can be combined with regular leave hrt not with
ordinary Casual Leave.
(ii) The Special Casual Leave rnay also be allowed :-
(a) in respec, of intemational sporting events recognized as

sucfr by any recognized apex organization for a particular
sport as a member of a team wtich is accepted as
representative on behalfof lndia, such as the All-lndia
Football Federation; he Board of Control for Cricket in
lndia, etc.
(b) in resped of sporting events in whici participation takes

place, is held on an inter-stiate or inter-zonal basis, and the
employee concemed takes part in the event in a team as a
duly rrcminated representative on behalf of the state or
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101
zone as the case may be, by the recognized apex state or

zonal level organization for that particular sport.
Note This concession is not to be allowed to participation either

in a national or intemational sporting event in which such
participation of the employee concemed takes place in the
personal capacrty and not in a representative capacity.
(c) This leave ciln also be granted to employees taking part in

mountaineering/ trekking epeditions subject to the
cordition that the expedition has the approval of the lndian
Mountaine€ring Federation.
55. Familv Wetfare Leave: t
(a) A female empbyee who undergoes IUCD insertion/re-insertion

may be granted special leave on the day of insertiorvre-insertion.
(b) A fernale employee who undergoes sterilization operation may be

granted Spechl Casual Leave not exceeding 14 days.
(c) A male employee (a) who undergoes sterilization operation under

the Family Planning Scheme or (b) vfiose wife undergoes non-
puerperal sterilization operation under the Family Welfare
Scheme may be granted upto seven days Speqial Casual Leave
subject to the production of a Medical Certificate from the dodor
rvho perlicrmed the operation.
56 Special Casual Leave may be granted by Chairman and Managing rt1
Director/Managirq Direclor in case of natural calamity, curfew, law and

order situation and other such extra-ordinary situdions beyond the
control of employee to commute in the city.
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57. Soecial Sick Leave: \;
(A) Special Sick Leave will be admissible to employees at the rates

and in the circumstances specified below.
(r) Flyinq Crew
Flying crew shall, for major or prolonged illness exceeding 30

days, or where he has to undergo a surgical operation or in the
event of an accident involving personal injury, be eligible for the
grant of Special Sick Leave at the rate of 15 days on full pay and
allowances for eacfr completed year of service. This leave may
be acanmulated upto a maximum of 18O days at a time and €n
be availed of only when normal Casual Leave, Half Pay Leave
/Full Pay Leave and Privilege Leave in ex@ss of 75 days
admissible under these Regulations are exhausted.
(ii) Othe r emolovees
All other employees shall be eligible for grant of Special Sick

Leave at the rate of 30 days on half basic pay for each completed
year of service subject to a maximum of 180 days during the
entire period of service which may be availed of only when normal
Casual Leave, Hatf Pay Leave/Full Pay Leave and Privilege
Leave in exoess of 75 days admissible under these Regulations
are exhausted. This leave may be availed of in cases where the
employee is suffering from :
(a) Tuberculosis
(b) Leprosy
(c) Cancer
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(d) Organic heart diseases requiring hospitalizauon and/or

prolonged rest in bed
(e) Paralysis of vascular, infective or degenerative origin

affecting one or more limbs (but not including minor
paralysis like Bell's palsy).
(0 Significant mental illness treated in a Govemment Mental

Hospital (in such cases, a certificate from the Hospital
Superintendent or any other competent authority of a
Govemment Mental Hospital emporered to issue such a
certficate shall be accepted by the Company, subject to
the approval of the same by the Medical Officer of the
Company).
(s) On the recommendations of the Medical Ofhcer of the

Company, special sick leave may also be granted in cases
where the employee is suffering from the following
diseases or ailments or injury requiring, hospitalization or
prolonged rest in bed.
(D Head injury
(iD Fraciure of bone
(iiD lnjury to any intemal organ
(iv) renal (kidney) failure;
(v) hepatic (live0 failure;
(vi) respiratory failure
(vii) bone manow failure
(viii) un@nsciousness from any cause
(ix) brain abscess
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104
(x) liver abscess
(xi) abscess of the bone (osfeomylitis)
(xii) subdiaphragmatic abscess
(xiii) intra abdominal abscess
(xiv) empyema
(xv) intracranical aneurysms or vascular abnormalities

requiring surgical treatment
(xvi) collagen diseases listed below:
1 systemic lupes erythematosis;

2 polyarteritis nodosa,
3 progressive systemic sclerosis;
4 polymyositis;
(xvii) rheumatoidarthritis;
(xviii) rheumatic polyarthritis
(xix) septic arthritis

()oO sacroidosis
()qi) ulcerativecolitis
()odi) crohn'sdiseases
(x)(iii) cinhosis of the liver
()odv) peptic ulcer and its sequelae
(rc<v) hyper or hypofunction of the endocrine glands
()o(vi) glaucoma
(xxvii) prolapsed intervertebral disc and its sequehe
(xxviii) Demyelinating diseases;
()odx) Myasthenia Gravis
(rcc<) Coronary Thrombosis and its sequelae
(xni) Any other major illness or injury requiring

hospitalization continuously for a period of three
41
105
months or more provided such hospitalization has

the approval of the Medical Ofiicer of the
Company.
(B) Special Sick Leave may be granted to an employee as per his entitement
on pro-rata basis for a fTaction of a yea/s service.
58. Extraordinary leave lL
(a) ln excoptional circumstances to be recorded by the Competent

Authority and when no leave of any other kind is admissible under
these Regulations to a permanent employee or a temporary
employee who has completed one yea/s continuous service, he
may be grdnted Extraordinary Leave i.e. leave without pay and
allowances. The period of such leave shall not exceed 90 days at
a time and shall not exceed 270 days in the entire service of the
employee.
(b) A temporary employee with less than one yea/s service is eligible
for the gEnl of Extraordinary Leave urder the above
circumstances upto a m€ximum of 't5 days withort pay and
allowances.
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106
CHAPTER X _ COMPENSATION
59. General condition:
The Company may lay down from time to time the quantum of
compensation payable to the employeeylegal heirs in respect of death,
permanentltemporary disablement due to accident arising out of and in
course of employment and provided the accident is not attributable to
employee's own negligence or non-compliance with insfucfons. Any
compensation payable by the Company under these Regulations will be
sub,ect to deduction to the extent of any insurance amount, damages or
crmpensation recoverElble by an employee or his legal representatives or
his heirs or successors, as the case may be, from any air transport canier
or olher sources or under the Employees' Compensation Act, Employees
State lnsurance Act, or other laws, enforced in lndia or outside. Any
amount re@verable by an employee on his own or his legEl
representatives, heirs or successors as the case may be, under any
personal insurance policy taken out by an employee will not be taken into
account while computing the compensation payable by the Company.
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107
CHAPTER Xl - Passage
Air passages
60 A permanent employee who has completed one year of service may be

granted during the passage year retum air passages for self and family
on Company's schedJled services includir€ those operated to statrons
abroad as also on the scheduled services operated by the Company's
subsidiary airlines, in accordance wih he provisions contained in the
Passage Orders, as framed by the Company from time to time. The
Competent Arnhority may at his discretion and having regard to the
exigencies, sanclion air passages in advance of entitement to an
employee.
61 Smilarly a retired employee and the spouse of an employee who died

either while in service or after retirement, may be granted during the
passage year retum air passages for self and such members of the family
as may be decided by the Company, on Company's scheduled services
including tlEse operated to stations abroad as also on the scheduled
services operated by the Company's subsidiary airlines, in accotdance
with the provisions contained in the Passage Orders, as framed by the
Company from time to time.
For the purpose of this Regulation, the rvord "Yead shall mean a period
of twelve consecutive months. The Company may from time to time
through administrative orders define th€ beginning and end of the year.
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108
CHAPTER XII . MEDICAL FACILITIES
62 Medical facilities will be provided to the employees of the Company as

may be laid down from to time by the Company. The members of the
employee's family will be eligible for medical facilities in accordance with
the provisions of the Contributory Family Medical Scheme, as framed and
amended by the Company from time to time.
o5 Retired employees and their spouse, as well as the spouse of an

employee who died either while in service or after retirement, will be
eligible for medical facilities in accordance with Retircd Employees
Medical SchemeJRetired Employees Contributory Family Medical
Scheme as frarned and amended by the Company from time to time, and
subject to the provisions of such Scheme.
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109
CHAPTER XIII . UNIFORMS
64 The Company shall provide uniforms tree of charge or Uniform Allowance

in lieu thereof to such of the employees whom the Company may notify to
be required to uear uniforms. The grade of the uniform shall be such as
may be determined by the Company from time to time. lt shall be
mandatory for an employee to whom uniform is issued, to wear the same
while on duty.
Note: This regulation also applies to temporary employees other than

those who are recruited only for a short period e.g. in the leave
vacancy or on contracl.
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110
CHAPTER XIV - HOLIDAYS/WEEKLY.OFFS
65. Holidavs
The number of festival holidays allowed in a calendar year to the

employees of the Company other than the members of Flying Crew, shall
not exceed frfteen including the Republic Day, lndependence Day and
Mahatrna Gandhi's Birthday. A list of such holidays will be notified
before the beginning of each calendar year.
66. Substitute Day-otf
Any employee other han the members of the flying crew who is required
to work on such holidays shall be paid cornpensation or allowed
substitute day off wherever admissible, in accordarrce rvith such
conditions as may be laid down by the Company from time to time.
67 An employee other than the members of flying crew who is required to

\ivork on such weekly off days shall be paid compensatbn or allowed
substitute off, wherever admissible, in accordance witll sucfr conditions
as may be laid clcwn by the Company from time to time. The substitute
'day off , shall in the case of employees govemed by the Faclories Act be
allowed in accordance with the provisions of the said Ac{. For other
employees, the substihrte 'Day ofF shall be allo\i\red wherever admissible
within 30 days of he Sunday or the weekJy 'ofi daf, on which the
employee works- No acarmulation of such day off is permissible.
Note: A substitute day off can be combined with a Holiday or any type of
leave-
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CHAPTER XV. WORKING HOURS
68 All employees except the members of flying crew shall be required to

work not less than 44 hours per week . All employees (except members
of flying crew, who shall be govemed by the applicable Flight and Duty
Time Limitations) will be required to work on six days a week.
Provided that the Company may, having regard to the nature of dutres
being performed, make provision for employees posted in the non-
operational areas, to urork 40 hours a \rreek on five working days a week
pattem. However, in case of such employees, the Company will have the
right to call such employees to work for upto four hours on their weekly
off days, witfrcut payment of any exfa allowances or gEnt of substitute
day off in lieu of such extra hours worked.
69 The ac{ual hours of <laily work shall be as may be notified fIom time to
time by the Head of the Department or his nominee.
70 Shift working, where applicable or required shall be regulated in

accordarrce with the provisions of any StahJte for the time being in force
subjecl to the following:
(1) The Competent Authority may revise, from time to time, the shift
arangements at different establishments both in regard to he
composition of shifts as well as fle shift timing, according to the
exigencies of work.
(2) More than one shifr may be worked in a Corporate

Function/Strategic Business Unit or in any section of a Corporate
Functiorysuategic Business Unit at the discreuon of the
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(3) lfmore than one shifl is worked in the establishment, the

employees shall be liable to be transfened from one shift to
another.
(4) The shift will be arranged so as to ensure that no employee is

made to work for more than 44 hours in a shift cycle. Such
arrangements shall provide for a minimum rest period of eleven
hours before an employee is called upon to work in his
succeeding shifl The employee shall report for duty in his
succeeding shift after availing eleven hours rest inespective of the
fact whether he has been required and performed overtime work
in his previous shift. Provided that where an employee, due to
exigencies of work, is required to report for duty b€fore the
mandatory 11 hours has been availed, then he may be called
after a minimum rest period of 6 hours and would be entitled to
compensation fior the shortfall of 1 t hours' rest at such rate as
decided by the Company from time to time.
(s) At outstations, daily hours of duty shall be fxed depending upon

exigencies of work and the Company shall have fleibility to fix
hours of work per day upto t hours per day and a limit of 44 hours
per week.
(6) At outstations, shift pattern could be a combination of normal shift

for some days in a week and split shifl on other days of week.
(7) Employees shall not avail @mpensatory off/substitute off during

night shifi.
(8) Employees are not entitled to grant of substitute day off when
detained to work beyond normal shift duty when such normal shift
duty is followed by rest day off.
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(e) A shift may include split shifts. A shift may also include
overlapping shifts.
(10) The Competent Authority may, by giving forty-eight hours' notice

to be pasted on the notice boards to alter or vary the shifts and
the hours of \rorking of each shift at its discretion and employees
shall be liable to be transfened from one shift to another at the
discreUon of the Competent Authority: Provided that notce of less
than forty-eight hours may be given where such alteration or
variation arises out of emergency or exigency.
(11) A shift may be discontinued on giving seven days notica: Provided

that no such notice is required in the case of discontinuance of
any shift which has been started only in order to meet an
emergency.
lf as a result of the discontinuance of any shift, any pemanent

employee is likely to be discharged, a notice of one month of the
proposed discontinuance of any shift shall be given and suctr
employees shall be discharged having regard to the length of
service in the establishment and seAidrUfaOelcategory
concemed, hose with the shortest terms of service shall be
discharged first, unless for he reasons to be recordecl in writing,
the Company may discharge any other employee.
(12) On restoring/restarting a shift, notice thereof shall be given in a

newspaper having wide loc€l circulatbn apart from being served
as required by sub clause (13), the employees discfErged as a
result of the discontinuance of the shift shall, if they present
themselves within seven days of the publication of the notice, be
given preference for employment according to the length of their
servioe in the establishment and sedion/trad€r'category
concemed.
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(13) Any notice of discontinuance or of restarting a shift working

required by sub clause (11) and (12) shall be served in the
following manner namely:
(a) The notice shall be displayed conspicuously on the Notice

Board of the establishment; and
(b) A copy of the notice shall be served on the Secretary of

the recognised trade uniory's of the employees.
(14) Meal intervals shall be availed by the employees to suit

requirements of flight operations and flight handling and other
related aclivities.
(15) Any employee who after recording his attendance is found to be

absent from his place of work during working hours without
permission or sufficient reasons, shall be liable to be treated as
absent from work during the period of his absence fiom his place
of work. Deductions from wages fior the period of absence may
be made in accordance with the principles of No-rvork-No-pay, as
also for disciplinary ac{ion.
(16) All employees shall be at work at the establishment at the fxed

time and notified from time to trme. Employees attending late will
be liable to deductions on the principle of "No-Work-No-Paf as
also for disciplinary action.
(17) Every employee shall be required to record his attendance both of

'time in'and 'time out' including overtime in accordance with the
procedure as may be laid down ftom time to time by the
Company.
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CHAPTER XVI - RETIREMENT BENEFITS
71 Provident Fund:
(a) Every employee who has completed one yea/s continuous service shall
subject to the regulations to be made hereafter in this behaff, contribute
to the Confibutory Provident Fund each month a minimum of 1Oo/o ol
Provident Fund Pay and a maximum of 10O% of his Basic pay. The
Company's contribution to the Fund shall ho\r€ver be limited to 10% of
his Provident Fund pay
(b) The Company's contribution to the Fund is payable to the employee after
five years of membership of the Fund. Subject to this and the other
reguhtions to be made hereafter in this behalf, all the acornulated
balance to the credit of an employe€ on the day he ceases to be an
employee of the Company, is payable to him or in case of his death to his
nominee or nominees or Executors, as the case may be.
72. Gratuity
The payrnent of Gratuity will be regulated as per the Payment of Gratuity

Ad, 1972 or the Regulations framed by the Company in this behalf,
whichever is more beneficbl.
73. MedicalFacilities:
Retired employees and their spouses will be eligible for medical facilities
in accordance wilh the applicable rules framed under Chapter Xll of these
Regulations.
74. PassageFacilities:
Retired employees will be eligible for passages as per the applicable

orders issued under Chapter Xl of these Regulations.
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) t_
CHAPTER XVII - CONDUCT RULES
GENERAL CONDUCT
75 Every employee shall at all times maintain absolute integrity and devo on
to duty and conduct himself in a manner @nducive to the best interest,
credit and prestige of the Company.
76 An employee is in whole time service of the Company and shall not

direc'tly or indirec{y, engage in any other business or ocqryation or
employment and shall not accept any fees, emoluments, commission or
honoraria whatsoever from any other party except rvhere otheMise
specifi cally permitted.
77. GIFTS:
(1) Save as otheMise provided herein, no employee shall accept, or permit

any member of his family or any other person acting on his behatf to
accept, any gfi.
EXPLANATION :- The expression "gift' shall include free transport,

boarding, lodging or other service or any other pecuniary advantage
when provided by any person other than a near relative or personal friend
having no official dealings with the employee.
NOTE (1) - A casual meal, lift or other sochl hospitality shall not be
deemed to be a gift -
NOTE (2) -
An employee shall avoid accepting lavish hospitality or
frequent hospitality from any individual, industial or commercial firms,
organisations, etc., having official dealings with him.
(2) On occasions such as weddings, anniversaries, funerals or religious

fundions, when the making of gift is in conformity with the prevailing
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reltgious and social practice, an employee may accept gifts from his near
relatives or from his personal friends having no official dealir€s with him,
but shall make a report to the Company, if the value of such gift
exceeds -
(i) rupees seven thousand in the case of an ofiicer of the rank of

Assistant Manager and above or in equivalent posts;
(iD rupees four thousand in the case of an employee holding a

supervisory post
(iiD rupees tv\/o thousand in the case of an employee holding any

clerical and allied post; and
(iv) rupees one thousand in the case of other employees
(3) ln any other c€rse, an employee shall not accept any gift without the
permission of the Company if the value thereof exceeds-
(i) rupees one thousand five hundred in the case of employees

holding supervisory posts or above; and
(ii) rupees five hundred in the case of other employees
(4) An employee shall not accept any gifts ftom any proprietary concem, firm
or Company whidr is either contracling wifi the Company or is one with
which the employee had, has or is likely to have official dealings.
Acceptance of gifts by an employee from any olher firm shall be subjec{
to the provisions of dause (3) above.
78 RESTRICT1ON ON PROMOTION OF ANY COMMERCIAL

ENTERPRISE
An employee whether on leave or in aciive service shall not without the

previous sanction of the Competent Authority take part in the promotion,
registration or management of any commercial enterprise.
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79, RESTRICTION ON PUBLICATTONS, ETC
No employee shall excePt with the previous apProval of the Competent

Authority in his own or in the name of any other person:
(a) own wtrolly or in part or conduct or participate in the editing or

managing of any newspaper or other publications or elecfonic
media or
(b) participate in any radio broadcast or contribute any article to any

newspaper or other publication or electronic media.
Provided that the fumpetent Authority may grant permission in case the
work is of literary, artistic nature.
80. RESTRICTION ON ENGAG]NG IN OTHER TRADE OR BUSINESS
An employee shall not engage in any trade or businesq or undertake or

solicit any other employment provided that he may with the previous
sanction of the Competent Authority undertake occasionally work of a
purely literary or artistic nature without detiment to his normal duties.
81. INOEBTEDNESS
An employee shall avoid habitual indebtedness. He shall be liable to be

discharged on being adiudged or declared insolvent under the law for the
time bing in force unless he proves that such indebtedness or
insolvency is the result of circumstances beyond his contrcl and does not
proceed from extravagance or dissipation. An employee who applies to
be or is adjudged or dechred insolvent under the law for he time being in
force shall forthwith report the fact to the Head of Oorporate
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Functionystrategic Business Unit at the Corporate Level or the Region,
as the case may be.
82, POLITICAL ACTIVITIES ETC
(i) An employee shall not take part in or assocrate himself with or

subscribe in aid of or assist in any way any political or communal
organization.
(ii) No employee shall take part in an election to Padiament or to any

Legislature or Local Authority provided that:-
(a) an employee qualified to vote at such election may exercise his

right to vote;
(b) an employee shall not be deemed to have contravened the

provisions of the Regulations by reasons only that he assisted
conduct of an election in the due performance of a duty imposed
on him or under any law for the time being in force.
83 GIVING OF EVIDENCE
(1) Save as provided in sub-regulation (3), no employee shall, except

with the previous sanction of the Competent Auhority give
evidence in conneclion with any inquiry, other than departmental
inquiry, conducted by any persons, committee or authority.
(2) \ly'here any sanction has been accorded under sub-.regulation (1),
no employee giving such evidence shall criticize the policy or any
action of the Company.
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121
(3) Nothing rn this Regulation 83 shall apply to:-
(a) Evidence given to an inquiry before an authority appornted

by the Government, by Parliament or by a State
Legislature or any other agency/authority appointed by
OGCA or on behalf of DGCA or the Company, or
(b) Evidence given in any judicial inquiry; or
(c) Evidence given al any departmental inquiry ordered by
authorities subordinate to the Govemment or the

Company: or
(d) Evidence given in any departmental inquiry ordered by the

Competent authorityt or
(e) Evidence given before any committee appointed by the

Company.
(0 Evidence before a Court of Law
E4. (i) BoRROW|NG MONEY/PECUNTARY OBLTGATTON
No employee shall, save in the ordinary course of business with a

bank or a firm of standrng, bonow money from or otherwise place
himself under pecuniary obligation to any person with whom he is
likely to have official dealings or permit any such bonowing or
pecuniary obligation in his name or for his benefit or for the benefit
of any member of his family, provided that he may accept or
permit acceptance of a purely temporary loan of a small amount
from a personal triend or relative or operate a crdit account with
a bona fide tradesman. An employeB who repeatedly defaults on
repayment of principal and/or interest on loans taken from Banks
or Co-operative Societies registered under any act goveming
such co-operative societies, and where sucil detault is brought to
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123
the notice of the BanU Co-operative Societies shall render himsetf

liable for disciplinary action.
(ii) \Mren an employee is appointed or transfened to a post of suctr

nature as to involve him in a breach of suFregulation (i) he shall
forthwith report the circumstances to the competent authority and
thereafter act in the manner directed by sudr authority.
85, VINDICATION OF OFFICIAL ACTS
No employee shall, except with the previous sanction ot the Competent

Authority, have recourse to any court or to the press for the vindication of
any ofncial aci ryhich has been the subject of adverse criticism or an
attack of defamatory characler; provided that nothing in this regulation
shall be deemed to preclude an employee from vindicating his private
charader or any act done by him in his private or personal capacity.
86 BIGAMOUS MARRIAGE
(1) No employee shall enter into or contraci a marriage w h a person

having a spouse living and
(2) No employee having a spouse living shall enter into or contracl a

maniage with any person
Provided that the Company may permit an employee to enter

into or contract any such mariage, il it is satisfed that suctr
marfiage is permissible under the personal law applicable to
such empbyee and other party to the mardage
(3) An employee who has manied or maries a person other than that
of lndian Nationality shall forthwith intimate the fact to the
Company.
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87 EMPLOYMENT OF NEAR RELATIVES OF THE EMPLOYEES IN ANY

COMPANY OR FIRM ENJOYING PATRONAGE OF THE COMPANY:
No employee shall, in the discharge of his official duties, deal with any
matter or give or sanciion arny contract to a Company or firm or any other
person, if any member of his family is employed in that Company or firm
or under that person or if he or any member of his family is interested in
such matter or contract or any other manner and the employee shall refer
every such matter or contrzlct to the Regional Executive Director/Head of
Corporate Functions,/SBU/Subsidiary Company/Joint VerturE, as the
case may be, and the matter or the conbacl shall thereafter be disposed
of according to the instructions of any Authority to whom the refeGnce is
made. lt shall be the responsibility of each employee to intimate the
company and to reoJse himself from any decision which has commercial
implications on behalf of Air lndia while dealing with any orgEnization
where sucir a relative is employed.
88 Every employee shall report to the Management if his/her spouse owns

or is in any way engaged in a trade or business. The spouse or any
family member or relative of lhe employee, for the purpose of business or
trade, cannot refer to the address of any of the Offices of the Company or
the residential accommodation, if provided by the company.
89. GIVING OR TAKING OF DOWRY
(a) No employee shall give or take or abet the giving or taking of

dowry, or,
(b) demand any dowry, diredly or indirectly from the parents,

guardian or relatives of the bride or bridegroom.
EXPLAI.IATION:- For the purpose of trtis Regulation, "Dow4f has the

same meaning as in the Dowry Prohibition Act, 1961 (28 of 1961) as
amended from time to time.
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90, INVENTIONS AND PATENTS
No employee shall, without the previous consent in writing of the

Competent Authority, apply for a patent or exclusive privilege in respect
of any invention under any enactment if such invention is made by him,
when in the service of the Company. He shall in the event of a patent or
exclusive privilege under any such enaclment to make, sell and use suctr
invention or allc,v, others to do so, being glanted to him, give to the
Company the unqualfied right to adapt and use the said invention or
without the Company being obliged to pay any royalty or other
consideration therefor. The employee shall also not assign charge or
transfer in any manner whatsoever his original or any extended patent or
exclusive privilege in respect of the said invention, without the previous
consent in writing of the Competent Authority and without providing for
the unqualified use, free of clErge to the Company, of the sakJ invention.
The employee shall also further on demand execute in fa{our of the
Company such letEr of licence or other deed or document for the
purpose, as it may advise.
Provided always that the Competent Authority shall, at any time within six
months of the receipt of an intimation from the employee that he has
acquired such patent or exctusive privilege in lndia and/or abroad, have
the right to require the employee to transfer and assign such patent or
exclusive patent privilege to the Company for such consileration as the
Competent Authority shall at its discretion fix and if such right is to be
exeqrted, the employee shall execute all such deeds of assignment,
grants and assurances and to all such acts, deeds and things for vesting
in the Company andor its nominee the ownership of the patent or
exclusive privilege and the full benefit thereof as the Competent Authority
shall require.
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91. ASSISTANCE TO POLICE, CUSTOMS AND OTHER AUTHORITIES
It shall be the duty of every employee to give, when so required, all

reasonable assistance to Police, Customs and such other authorities and
the Company's Security and Vigilance staff in the performance of their
duties.
92. JOINING OF ASSOChNONS
No employee shall join or continue to be a member of an Association, the

objects or aclivities of which are prejudicial to the interests of the
Company, Sovereignty and integrity of lndia or Public Order or Morality
and no employee in non-workmen cz egory shall participate and/or
associate himself with the trade union ac{ivities of the workmen category
and/or hold the position of office bearer or managing committee member
in such UniorvAssociation/Guild.
93. DEMONSTRATIONSANDSTRIKES:
No employee shall either on his own or in concert with other persons:-
(a) engage himsetf or participate in any demonshation whicfr is

prejudicial to the interests of the Company, Sovereigng and
integrity of lndh, the security of the State, friendly relations witr
foreign States, Public Order, decency, morality or which involves
contempt of court, defamation or incitemerfi to an offence or in
any Bandr organized by political party orland organization.
(b) resort lo or in any way abet any form of strike, threat or co€rcion
or physical duress in conneclion with any matter pertaining to his
service or the service of any other employee except in
accordance with law.
(c) take part in an illegal strike, i.e., a strike which is in cootravention

of the provisions of the Industrial Disputes Act, 1917.
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94. MOVABLE,]MHOVABLEANDVALUABLEPROPERW
(1) Every employee shall, on his first appointment in the Company,

and thereafier (onty, in case of offi@r/executive of the level of
Assistant Manager or equivalent and above), annually by 31d of
January of the year following, submit a retum of assets and
liabilities in the prescribed form givir€ the full particulars regarding
immovable property inherited by him or owned or acquired or
disposed by him or held by him, on lease, mortgage either in his
own name or in the name of his spouse/minor cfiildren.
(2) All employees shall within one month ftom the date of t'ansac,tion,
report to the company all such transactions of rnovable property,
in case the value of whictr is more than his three months' salary
(i.e. Basic pay + OA) Or exceeds such limits as may be
presoibed from time to time.
(3) The Competent Authonty may at any time by general or sp€cial

order require an employee to submit within a period specified in
the order a full and complete statement of sucfr
immovabley'movable property held or acquired by him or on his
behalf or by any member of his family as may be specified in the
order. Such slatement shall, if so required by the Competent
Authority, include details of the means by wtridr or the source
from which such property was acquired.
95. DECLARATION OF DATE OF BIRTH
0 Every person appointed in the Company shall at the time of sucfr

appoinfnent, declare the date of birth by the Christian Era, and
submit documentary proof of the same by means of one or more
of the following documents:-
(a) Birth Certificate issued by Municipal Corporation, Municipality,

Panchayat, Local Authority or the Registrar of Births
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128
(b) Matriculation Certificate issued by Board of Secondary

Education or equivalent authority
(c) School Leaving Certificate in respect of employees who have
not passed Mariculation exam or its equivalent
ln case an employee, for sufficient reasons shown by him to the

satisfaction of the Competent Authority, is unable to produce any of the
above documents in support of his date of birth, then such employee may
be refened to tile Medical Oflicer of the Company or to a Govemrnent
Medical Officer for determination of the probable year and month of birth.
Date of birth in such cases will be fixed as the 15u day of the probable
month of the probable year.
(ii) The actual date of birth as declared by the employee and confirmed by
the documentary evilence OR the date of birth as determined
consequent upon examination by the Medical Officer (as may be
applicable) shall be rEcorded in the history of service or any other record
that may be kept in respect of seNice of the employee of the company.
The date of birth once recorded cannot be aheEd except in the case of a
clerical enor, without the previous orders of the appointing/competent
authority.
(iii) Request for alteraton of date of birth on any ac@unt should not normally
be entertained after prBparation of history of service or any other relevant
record of the employee @ncemed and in any case, not later than the
completion of probation period. The date of birth may, horvever, be
altered at a later stage by the Competent Authority under very special
circumstances justifying the change or if the Competent Authority is
satisfid that a bona frde clerical mistake has been committed and it
should be rectified. No request for alteration of date c,f birfi made after
five years from the date of entry into service shall be entertained.
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129
96. (a) A full time Direcitor or any executive/employee involved in the
decision making process of fixatron of price of an lnitial Public
Offer (lPO)/Follow-on Public Offer (FPO) of shares of the
Company and its subsidiary Companies shall not apply either
himself/herself or through any member of his/her family or through
any other person acting on his/her behalf for allotment of shares
(which includes all types of equity related instruments) in an
IPO/FPO of the Company and its subsidiary Companies, provided
that Directoryemployees of the Company may apply for allotrnent
of shares out of the category of preferential quota reseNed for
employeegDiredors of the Company.
(b) All executives/employees including full time Directors of the

Company who are in possession of unpublished price sensitive
information wouH be prohibited ftom <lealing/fansacting either in
their own name or through any member of their family in the
shares of the Company.
(c) Full time Direc{or or executivedemployees of the Company or any

member of hiJher family or any person acting on his/her behatf
shall not apply for shares out of any preferential quota reserved
for employees/Directors of other Companies.
(d) Full time Director or executiveyemployees of the Company or any

member of his/her family or any person acting on hisJtrer behalf
shall not invest in a competing airline or with any organization
having competing interests vis-a-vis Air lndia and/or its subsidiary/
joint venture companies or with any organization with whom he
has official dealings.
97. SECRECY:-
(a) The employee during or after the course of his/her employrnent shall not
disclose to others, or uso for any purpose, any confidential inbrmation
including inventions and patents as described above, financial or
business data, technical datia or other confidential or proprietary
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130
information obtained from the Company or from any affiliated entity of

the Company or use of his/her own benefit, publish, copy or otherwise
disclose to others, or permit the use by others for their benefit or to the
detriment of the Company, any confidential information.
(b) No employee shall take any papers, books, drawings, photographs,

instruments, apparaus, doq:ments or any other property of the
Company out of the work premises including from the aircraft except
with the written permission of the offi@r aulhorized in this behalf nor
shall he any way pass or cause to be passed or disclose or cause to be
disdosed any information or matters conceming the manufacturing,
preparing maintenance process, trade secrets confidential
.and
documents of the Company including information and matters relating to
the Companfs business or pertaining to Defence or Seorrity measures
to any unauthorized person, Firm, Company or Corporation nor shali
any employee communicde direclly or indirecfly to any outside party
any documents or information which has come into his possession or of
whicfi he has securcd knowledge in the course of his offic,ial duties,
without the written permission of the Competent Authority.
98. EXCLUSTVE SERMCE:
An employee of the Company shall not at any time work against the
interesl of the Company and shall not take any ernployment in addition to
his job in the Company, except wth the prior permission in writiqg of the
99. MISCONDUCT:
Without prejudice to the generality of the term 'misconduct' it shall be

deemed to include the following acts of omission and commission,
including abetrrEnt or atempt at abetrnent of any of them:
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(1) Any breach or violation of any Service Regulatlon
(2) Wiltful insubordination or disobedience, whether or not in combination

with others, of any lawful and reasonable order of his superior.
(3) Participation in an illegal strike or abetting, inciting, instigating or acting in

furtherance thereof or any form of concerted action such as pen down,
tool dolyn strikes, work to rule, sit down strikes, proceeding on 'mass
casual leave', willful slo,rring down in performance of work, non-
cooperation, malingering or interference with the work of other
employees.
(4) Holding demonstEtons or/and meetings, slogan shouting, causing

nuisance, dishjrbance etc. inside the premises of the establishment
without previous permission of the competent authority except in
accordance.with provisions of any law for the time being in force.
(s) CanvassirB for union membership or the collection of union dues within
the premises of the establishment during working , hours except in
accordance with provisions of any law or with the permission of the
competent authority.
(6) Distribution or exhibition within the boundaries of the establishment or at

the work place of any newspapers, handbills, pamphlets, or posters and
such other things or causing to be displayed by means of signs or writing
or other visible representation on any maner without the previous
sanction of the competent authority.
(7) lssuing statements in lhe print, electrcnic or social media, whether in

individual capacity or on behalf of a group or Union or Association of
employees, on matters pertaining to the Company, without the express
prior authorization in writing of the Competent Auhority.
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132
(8) Willful damage to work in process or to any property of the Company

and/or tampering with the properties entrusted to the Company.
(e) lnterference or tampering with any safety devices installed in or about the
establishment or any airport or aerodrome or non-observance of safety
precautions and rules.
(10) Unauthorized removal or defacement of notices on the Company's notice

boards.
(1 1) Theft, fraud, dishonesty or misuse in conneclion with the business or

property of the Company, or of the property entrusted to th€ Company
including registered baggage/cargo or/and diversion of lhe business of
the Company with the object of pecuniary gain.
(12\ Demanding or taking or giying or causing to take or give bribes or any

illegal gratificaton.
(13) Habitual absenteeism, absence withorrt leave, absence from phce of

work without permission or
sufficient cause, or,overstaying the
sanctioned leave without sufficient grounds or proper or satlsfactory
explanation.
(14) Late attendance on more than 4 occasions within a month or habitual late
or inegular attendance.
(1s) Breach of Cusloms Act, FEMA, Narcotics Act insrudions,/manuals of the

Department concemed/lndian Aircraft Rules/Rules/Orders by Airports
Authority of lndia/lmmigration/BCAS/DGCA authorities.
(16) Collecfuon without the permission of the competent authority of any

money within the premises of the establishment except as sanctioned by
any law of he land or rules of the Company for the time being in force.
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(17) Being under the rnfluence of intoxicating drinks or drugs during the
course of duty.
(18) Negled of work or gross or habitual negligence
(1s) Disorderly or indeceflt conduct or commission of any act subversive of

discipline or of good behaviour in lhe premises of the establishment-
(20) Refusal to show or display gate passes or identity cards or to be

searched at the time of entering into trork premises, during work period
and/or while leaving the work place-
(21) Smoking within the premises of the es'tablishment, where it is prohibited
# Possession of pecuniary resources or property disproportionate to the

known sources of income by the employee, which the emphyee cannot
satistactorily account for.
(23) Playing games in the establishment during duty hours witlrcut permission
or indulging in acts of betting or gambling within the premises of the
establishment
(24) Faalure to inform the Company's Medical Officer of any notifiable,

communicable or contagious disease confac{ed by the employee.
(2s) Failure to communicate to the competent authority the fact of his

conviction in any court of law or imposition of any fine by statutory
authorities for any criminal offence or failure to report to the competent
authority the facl of his anest by the police or confinement in jail.
(26) Bringing outside influence to bear upon any superior authority to furher
his interests in respec{ of matters pertaining to his service matters.
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(27) Giving false, wrong or incomplete information, concealing information or

omitting to give relevant information regarding name, age, fathe/s name,
qualification, ability, caste/backward status, details of other relatives
employed in the Company or previous service and elperience at the time
of employment or suppression of any information regarding conviction in
a court of law for criminal offence. dismissal, removal or compulsory
retirement by previous employer or producing fals€y'bogus caste
certificate claiming to be a member of SC/ST/OBC as per the Presidential
Directiveycovemment Orders issued from time to time or any other
matter gennane to the empbyment or during the course of employment.
(28) Leaving workplace without permissron after clocking in
(29) Bad and Careless work.
(30) Conduct in pdvate life prejudicial to the reputation of the Company
(31) Quanelling with, or threatening in any manner, co-workers and officers of

the Company.
(32) Smuggling, aiding or abetting in any way in the act of smuggling either
inside or outside the premises or smuggling or canying goods in the
aircraft in circumstances wtrich give rise to the presumption that it is done
with the objeci of private trading or pecuniary gain or carrying cunencies
or instruments of exchange in contraventiofl of any rules or Regulations
or the orders issued by the Govemment.
(33) Assaulting or misbehavior with, any customer, officiauempbyee of the

Company, or any other person having connection with the business of the
Company, gheraoing, intimidating/ use of abusive language.
(34) Refusal to work overtime or work on ofi day/holiday
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135
(35) Sale of tickets for lotteries or rErtfles, whether these are for charitable
causes or otheruvise, except wilh pnor permission of Competent
Authority.
(36) Attending duty without unifonn/protective clothing/insignia where such

uniform/ protective clothing/insignia has been provided by the Company.
(37) Misuse of uniform/ protective clothing/ insignia provided by the Company,

including, but ntn limiled to, wearing of such unifiorm/ protective clothing
or display of such insignia or occasions ancl in locations outside the
premises, where the employee does not represent the Company.
(3*' Commission of any act which amounts to criminal ofience or conviclion in

s" any Court of Law in arry criminal offence involving morEll turpitude
(39) Defiling any property or premises of the establishment of the Company by

spitting, commifting nuisance etc.
(40) Wrongrful Fansfening of gate pass or permit.
(41) MisuseAivrongful transfer of air passages admissible under of the

Companys Passage Regulations for the benefit of its employees.
(42) Forgery or misuse of No-Objection Certificates, official ldentity Cards/

Airpod Enfy Permits, Passports, Visas, or any other doqlments that may
be issued by the Company or by any Central or State Govemment or the
agencies.
(43) Failure to vacate Companys accommodation alloted to the employee on

termination of the licence or when advised by the Company to yacate.
(44) Subletting of Company's accommodation allotted to the employee or

misusing the Company's accommodation in any manner other than for
the purpose for which it is allotted.
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(45) Obtaining allotment of, or retaining Company accommodation, while in

possession of or after having acquired a property in the name of self or
spouse or dependent children wrthrn the city/ municipal limits as may be
prescribed from time to time.
(46) Levelling false or frivolous allegations against another employee of the

Company.
(47) Leaving station witflout prior permission
(48) Marking attendanceltime card in respect of another employee or

wherever the system of time clocking or electronic attendance recording
system is in operation, punching incoming and/or outgoing time in respect
of another employee, or removingy'damaging or attempting to
remove/darnage the registers or eleclronic equipmenl for recording of
attendance.
(49) Giving any statements in the print, electronic or social media, on any
matter related to the company or on a matter which may result in
tamishing of the image of the Company, without specmc permission from
the Competent Authority.
(50) Misuse of official position for personal gain, detdmental to the interest of
the company
(51) Sexual harassment of female employees which includes such unwelcome

sexually determined behaviour (whether directly or by implicauon) as:
a physical contacis and advances
b a demand or request for sexual tavours
sexually coloured remarks
d showing pomogrErphy
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molestation or any overt or covert act affecting the modesty of any

female employee or that of a lady passenger, while traveling on
Company's flight, while on leave, duty or transfer on free/rebated
passages granted by the company.
f indecent behaviour towards a female employee.
g any other um^€lcome physical, verbal or non-verbal conduct of

sexual nature.
Note: The above instiances of misconducl are illustrative in nature and

not exhaustive.
1OO. PUNISHMENT
vwrere a misconduct committed by an employee of the company stands

established, the Competent Authority may impose on such employee,
punishment as provided hereunder:-
(A) i,lNOR PENALTIES:
(a) Censure or waming, with reasons, to be conveyed in

writing.
(b) Wrthhobing of passage benefits in tull or part for specified

period.
(c) Recovery from the pay of the whole or part of any

peqJniary loss caused to the Company by the default or
breach of orders or negligence of the employee himself.
(d) loss of pay and allowances for a period not exceeding 10

days.
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(e) Wrthholding of increments for specified period (maximum

of three years) without cumulative effect
(B) MAJOR PENALTIES:
(r) V\frthholding of increments for more than three years or

with cumulatrve eff ect.
(S) Wrthholding of passage benefits for lifetime.
(h) Reduction to lower stage in the scale of pay for a specified

period or cumulatively with further directions as to whether
or not the employee will eam increments of pay during the
period of such reduction and whether on the expiry of sucfr
period, the reduclion will or will not have the effect of
posFoning the future increments of his pay.
(i) Vvrthholding of promotion for a specified period.
0) Reductiofl to a lower scale of pay, post or grErde with

fxation of basic pay in the lower scale of pay at a stage to
be decUed by the Competent Authority.
,
(k) Compulsory retirement with benefits
(l) Removal ftom he services of the Company
(m) Dismissal from lhe services of the Company without

Provident Fund Contribution and/or Gratuity in part or full
subject to adherenc€ to the PF Regulations and Gratuity
RegulationVGratuity Act 1972, as applicable.
Note: Vvhen an employee is dismissed or removed from

the service of the Company, such employee shall not be
entitled to passage facilities, medical facilities, leave
encashment and other post retirement facilities.
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139
101. SUSPENSION PENDING ENQUIRY
(1) !ryhere a disciplinary proceeding against an employee is

contemplated or is pending or where criminal proceedings against
him for any offence are pending or are under investigation and the
Competent Authority is satisfied that it is necessary or desirable to
place the employee under suspension, the Competent Authority
may by order in writing, suspend an employee.
Note
(r) Suspension pending enquiry shall not be deemed to be a

punishment.
(ii) An employee, who has been suspended, save in cases

covered by Regulation 101 (2) shall not absent himself
ftom the station during the period of suspension, except
with the written permission of the authority that ordered the
suspension.
(2) An employee who is anested andor detained in custody, whether

on a criminal charge or otherwise for a period exceeding 48 hours
shall be &emed to have been suspended with effect from the
date of detention, by an order of the Competent Authority, and
shall remain under suspension ur il he is released from custody.
He shall present himself for cluty immediately thereafrer with the
bail order/ release order failing which his absence would be
treated as unauthorized. Provided further that the Competent
Auhority may, by an order, extend the period of suspension by
placirE the employee under suspension under Regulation 101.
(3) Vvhere a of compulsory retirement, dismissal, or

Brnishment
removal from service imposed upon an employee under
suspension is set aside on appeal or on review under these
provisions and he case ls remitted for further inquiry or action or
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140
with any other directions. the order of his suspension shall be

deemed to have continued rn force on and from the date of the
original order of compulsory retirement, dismissal or removal and
shall remain in force until further orders unless otherwise specified
by the Appellate or Reviewing Authority,
(4) Vvhere a punishment of compulsory retirement, dismissal, or

removal from service imposed upon an employee is set aside or
declared or rendered void in conseguence of or by decision of a
court of law and the Company has been given liberty to initrate
fresh enquiry or to proceed with the departmental enquiry from a
given stage, and the disciplinary authority, on consideration of the
circumstances of the case, decides to hold such fresh or further
inquiry against him on the allegations on which the punishment of
compulsory retjrement, dismissal or removal was originally
imposed, the employee shall be deemed to have be€n placed
under suspension by the Competent Authority from the date of the
onginal order of compulsory retirement dismissal or removal and
shall continue to remain under suspension until further orders.
(5) (a) An order of suspension made or deemed to have been

made under this Reguhtion shall continue to remain in
force until it is modified or revoked by the Competent
Authority. A decrsion in this regard shall be taken within a
period of ninety days from the date of suspension.
(b) Vvhere an employee is suspended or is deerned to have

been suspended (whether in connedion with any
disciplinary proceedings or otherwise) and any other
disciplinary proceedings are comrnenced against him
during the continuance of that suspension, the authority
competent to place him under suspension may, for
reasons to be recorded in writing, direct that employee
shall continue to be under suspension until the conclusion
of all other proceedings.
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(6) An order of suspension made or deemed to have been made

under these Regulations may at any time be revoked by the
Competent Authonty which made or is deemed to have made the
order or by any authority to which that authority is subordinate.
SUBSISTEN CE ALLOWANCE
(7) An employee who is placed under suspension shall, during the

period of such suspension, be paid a subsistence allowance at
the following rates, namely:
(a) Where the departmental enquiry is contemplated or is

pendirE, the subsistence allowance shall, for the first 90
days from the date of suspension be equal to ofle.half of
basic wages, deamess allowance and other compensatory
allowances excepl produc{ivity/performance linked
incentive, for whicir the employee would have been entitled
if he was on leave with wages.
(b) lf the departmental enquiry gets prolonged and the

employee @ntinues to be under suspension for a period
exceeding ninety days, the subsistence allowance shall for
such period be equal to three.fourth of such basic wages,
deamess allowance and other compensatory allowances
except productivity/ performance linked incentive for which
the employee would have been entiued he was on leave
with wages:
(c) Where such enquiry is prolonged beyond a period of

ninety days for reasons directly attributable to the
employee, the subsistence allow'ance shall, for the period
exceeding ninety days, be reduced to one-fourth of such
basic wages. deamess allowance and other compensatory
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142
allowances except productivity/ performance linked

incentive for which the employee \^ould have been entitled
if he was on leave with wages.
(8) (a) Vvhen an employee who is or was under suspension under

Clause (1), (3) or (4) of Regulation 101 is acquitted
honourably of all the charges against him, he shall receive
full pay and allowance for the period under suspension in
lieu of the subsistence allowance already paid to him.
(b) When, however, an employee who is or was under

suspension under Clause (1), (3) or (4) of Regulation 101
is not honourably acquitted on any one or more charges,
the Competent Authority shall decide what pay and
allowances, if any, the employee shall receive in lieu of the
subsistence allowance for the period of suspension. The
Competent Authority shall also decide as to what portion
of the period of suspension for whictr full pay and
allowance are not authorized shall be treated as a period
spent on duty.
(c) \Men an employee is found guilty of the charges, he shall

not be entitled to pay and allowance for the period of
suspensbn except the subsistence allowance already paid
to him.
(s) lf an employee is suspended under dause (2) of Regulation 10'l

consequent upon his arrest by the police on a qiminal charge or
otherwise ard is detained in custody, and is subsequently
acquitted by a Court of Law or no prosecution is initiated by the
authorities, he period of suspensim shall be regularized for all
purposes by granting him leave with or without pay, as the case
may be.
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1O2. POWER TO AWARD PUNISHMENT
The authority competent to impose the punishments mentioned in

Regulation f O0 ancl the coresponding Appellate Authority and Reviewng
Authority separately notified by the Chairman and Managing
Director/Managing Director.
An Appelhte Authority may for any reason assume the role of a

Competent Authority and impose punishment \ rhich the Competent
Authonty is empourered to impose. ln such cases, the appeal shall lie
with the next higher authority, i e., the Reviewing Authority. Similarly, a
Reviewing Autrority may for any reason assume the role of Appellate
Authority and decide an Appeal prefened by an employee against an
Order of the Competent Authority. ln such cases, the Review, where
required, will be done by the next higher authority.
103, PROCEDURE FOR AWARDING PUNISHMENTS:
(1) Procedure for lmposinq Minor Penalties:
Where it is proposed to impose any of the minor penalties

specified in Regulation 10O (A) (a) to (e), the employee concemed
shall be informed in writing of the imputations of the misconduct or
misbehaviour against him and given an opportunity to submit his
written statement of defence within a specfied period not
exceeding 15 days. The defence statement, if any, submitted by
the employee shall be taken into consideration by the Competent
Authority before passing orders.
The record of the proceedings shall indude:
(D a copy of the statement of imputations of misconducl or

misbehaviour.
(ii) his defence statement, if any, and;
(iiD The orders of the Competent Authority together with the

reasons thereof.
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Procedure of lmpo sino Maior Penalties:
(a) No major penalty specified in Regulation 100 (B) (0 to (m)

shall be awarded to an employee unless he has been
informed in writing of the alleged misconducl and has
been afforded an adequate opportunity of defending
himself in accordance with the procedure laid doirn in this
regard in Schedule l.
(b) Notwithstanding anything contained in these Regulations,

it shall not be incumbent upon the Competent Authority to
impose a punishment, to follow the procedure laid down in
Schedule I before imposing any of the penalties
enumerated in Regulation 100, on an employee, in case
of cancellation of Caste Certific€te produced by the
employee claiming to be belongirp to SC/ST/OBC by the
appropriate authonties specified under the Presidential
Directives/Govt. orders from time to time or on verification
by the appropriate authorities, it is established that the
claim to belong to SC/ST/OBC is false.
1O4. APPEALS:
(i) An employee may appeal against an order imposed upon him on

any of the penalties specified in Regulation 100 to he Appellate
authority notified under Regulation 102.
(ii) An appeal shall be prefelred within -qoe monb-from the date of

communicltion of the order appealed against The appeal shall
be addressed to the Appellate Authority notified under Regulation
102. The Appellate Authority shall consider the appeal and pass
appropriate orders within 3 months from the date of receipt of
appeal by him The Appellate Authority may pass order
confirming, reducing or setting aside the punishment either
prospectively or retrospectively.
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105, SERVICE OF ORDERS, NOTICES ETC.
Every order, notice and other process made or issued under these
Regulations shall be served on the employee concemed in person or
communicated to him by Registered Post at his last known address
available on record. lt shall be the responsibility of the employee
concemed to keep the Company updated of his change of address and in
case the employee fails to notify the change of address, all
communications sent to his last known address available on record shall
be deemed to have been served on the employee and it shall be the
responsibility of the employee concemed to anange to receive such
communicartions ftom the last known address.
REVIEW:
106 An authority higher than the Appellate Authority.notified under Regulation

1O2 may review a case at any stage either on his own motion or on the
application of the employee concemed on grounds of material inegularity
and vary the punishment awarded in any manner within his competence.
The Reviewing authority may also exercise his power to review a case
upon production of new facts either by the Competent Authority or by the
employee, provided these facts were not within the knowledge of he
Competent Auhority or the employee (as the case may be) during the
enquiry proceedings)When the Reviewing Authority proposes to enhance
the punishment, a show cause noti@ shall be issued asking the
employee to show cause as to why the punishment should not be
enhanced in the manner proposed. The employee shall be allorirred a
reasonable period within which his explanation should reach the
Reviewng Auhority. The exptanation, if received within the specmed
period, shall be taken into consideration before final orders are passed by
the Reviewing Authority.
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147 The Disciplinary proceedings initiated against an employee before his

superannuation/retirement wil I continue after superannuatioryretirement
of the employee concemed. ll will be oPen to the Competent Authority to
impose the punishment of dismissaUremoval from seNice with efiecl from
the date of superannuation/retirement of the employee. ln that event the
Competent Authority may deny retirement benefits to the employee.
Additionally, the Competent Authority by means of an order in writing,
would decide the quantum of Gratuity and Employe/s contsihrtion of
Provident Fund and interest thereon (in part or in full) to be withheld
considering the nafure of misconduct or peorniary loss alleged to have
been caused to the Company and the same will not be paid to the
employee at the time of his retirement The decision to forfeit the
withheld amount of gratuity and company's contribution towards
Provident Fund alongwith interest (in part or in tull) will depend upon the
prevalent law goveming the subject as well as upon the outcome of the
disciplinary procedings.
108 For the purpose of the completion of the disciplinary poceedings whicfl
have been initiated prior to his retiremenUsuperannuation, the employee
shall attend the pending enquiry/disciplinary proceedings till the
completion of the same in the same rlanner, discipline and obedience as
if he was in service failing which the Head of Corporate Function/
Strategic BusirEss Units at Corporate level or Region, as lhe case may
be, shall be within his right to withhold his retlrement dues and post-
retirement fiacilities and benefi ts.
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147
SCHEDULE I
1 Vvhen the Competent Authority is of the opinion that there are

grounds forenquiring into the truth of any imputation of
misconduct or misbehavior against an employee, it may under
these regulations, institute a departmental enquiry to enquire into
the truth hereof.
2 Before initiating any enquiry, the Competent Authority may, if it

considers necessary, order a preliminary enquiryfinvestigation or
call for the eplanation of the employee concemed, to ascertain if
there is any prima facie case against the employee concemed.
Noh^rithstanding anything to the contrary contairEd heEinabove,

the disciplinary cases relating to misconduct of sexual harassment
under these regulations shall be investigated and inquired into by
the Complaints Committee constituted by the Competent Authority
by an Order, and suctr Complainb Committee so constituted shall
be deemed to be the Enquiry Authority, and its Report shall be
treated as Enquiry Report within the meaning of trese regulations
for the purpose of taking furher disciplinary action under these
Regulations.ln case the Complaints Committee finds the
complaint against he employee has been established, the
Competent Authority may impose penalty, as it may deem
appropriate, after issuing a show cause to the employee, along
with a copy of he findings of the Complaints Committee.
e
'When it is proposed to hold an enquiry against an employee, the
Competent Authority shall frame definite charges setting out the
grounds on which it is proposed to take action with a statement of
allegation enumerating all the facts and circumstances.
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4 The charges shall be communicated to the employee concemed

asking him to put in, by a prescribed date, a written statement of
his defence and to state whether he desires to be heard rn
person. Atleast one week should be allowed for submitting written

statement of defence.
5 On receipt of the written statement of the employee or if no such

written statement is received within the prescriH time, the
Competent Authority may appoint as Enquiry Officer any
seNing/retird fficial of the Company or a retired Public Servant.
6 The Competent Auhority may also appoint a serving official of the

Company as Presenting fficer to present on its behalf the case
in support of the charges.
The employee may be permitted, if he so desires, to have under

his own arrangements the assistance of a serving employee of
the Company located in the same station as Defence Assistant to
defend him during the course. of the enquiry. No outside
representation including a legal praclitioner for the Brrpose shall
be permitted under any circumstances. However, the Competent
Authority, at its discretion, may at the request of the employee
concemed for good and sufficient reasons, permit any other
serving employee from any other station to assist the employee
as 'Defence Assistant'. Further, the employee shall not take the
assistance of another employee who has two pending Cisciplinary
cases on hand in which he has to give assistance.
I The Enquiry fficer shall conduct tle enquiry, upon serving prior
notice on the employee concemed, at the time, date and place
specified in the notice. The Enquiry officer shall ask the employee
whether he pleads guilty or not guilty and/or has any defence to
make and if the employee pleads guilty to any of the charges, the
Enquiry fficer shall record the plea, sign the proceedings of the
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149
enquiry and obtain the signature of the employee concemed

thereon. The Enquiry Officer shall thereafter record its findings in
respect of these charges to which the employee pleads guilty.
9 lf the employee does not plead guilty, the Enquiry Officer shall
continue with he enquiry calling upon the Presenting Offcer to
produce the oral and documentary evidence by which the charges
are proposed to be proved. The wtnesses shall be examined by
the Presenting fficer one after another and upon examination of
each wihess, such witness rnay be cross-examined by the
employee or on behalf of the empbyee by the Defence Assistant.
IU The employee shall be given an opportunity lo produce his

evidence in deEnce. The wihesses produc€d by the employee
concemed shall be first examined by him or on his behalf by the
Defence Assistant and thereafter the witnesses may be cross-
examined by the Presenting officer. The employee may also
examine himselt in his own behatf, if he so desires, and in that
case he will be liable to be cross-examined by the Presenting
Officer. When the employee concemed fails,to avail of this
opportunity to lead evidence on his behalf ancuor refusevdeclines
to cross-e)€mine the Management witnesses, the Enquiry Officer
shall record the same. The Enquiry Officer may at his discretion
refuse to call any witness or disallow any wihess to adduce
evidence, for sufficient reasons which should be recorded in
miting by the Enquiry fficer.
11 The Enquiry Officer shall take on record the evidence, both

documentary and oral on both sides, and may after completion of
the production of evidence on both sides, hear the presenting
fficer anC the employee concemed or his Defence Assistant and
if the Enquiry Officer so desires direct them to file wriften briefs.
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lf the employee concemed does not appear in person or

otherwise fails or refuses to participate in the Enquiry proceedings
at any stage, the Enquiry Otficer may hold the enquiry ex-parte.
13 \y'Vhenever any Enquiry Officer. after having heard and recorded

the whole or any part of the evidence in an enquiry ceases to be
the Enquiry Officer for any reason and is succeeded by another
Enquiry fficer who has and who exercises such jurisdiction, the
Enquiry fficer so succeeding may continue the enquiry from the
stage at which the proceedings were left by his predecessor or
commence the enquiry afresh.
14 After the conclusion of the enquiry, he Enquiry Officer shall draw

up a report which shall contain
(a) a gist of the charges and the statement of

imputations of misconduc{/misbehaviour.
(b) a gist of evidence led in support of lhe charges and

the defence of the employee in, respect of eacfr
article of the charges.
(c) an assessment of the evidence in respect of each

article of the charges.
(d) the findings on each article of the charges and

reasons therefor.
15 The Enquiry fficer shall forward to the Competent Authority, the

records of enquiry which shall include:
(D the report of the Enquiry fficer
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151
(iD oral and documentary evidence produced in course of

enquiry
(iii) written briefs submitted by the Presenting Orfficer or the

employee concemed or both.
16 On receipt of the report of the Enquiry Officer, the Competent

Authority may, for reasons to be recorded by it in writing, remit the
case back to the Enquiry fficer and the Enquiry Officer shall
thereupon proceed to hold furher enquiry/or order a de.novo
enquiry, if in the opinion of the Competent Authority (i) there has
been material inegularity in the enquiry andor (ii) fresh evidence
relevant to the charges leveled against an employee has come to
light after issuance of the charge memo and such evidences is
ne@ssary to be appreciated for establishing the charges.
17 The Competent Authonty shall if it disagrees wih the findings of

the Enquiry Ofiicer on any of the charge, record its reasons for
such disagreement
18 Before ayvard of punishrnent within his competence, having regard

to the firdings, the Competent Authority, shall forward a copy of
the Report of the Enquiry fficer, along with its reasons for
disagreernent with he findings, if any, lo the employee @ncemed
calling upon him to submit his submissions on the findings of the
Enquiry fficer.
19 The Competent Authority shall award punishments within its

competence and where the case deserves a punishment higher
than what he is competent to award, he shall forward the c€se to
the higher competent authority for orders, which shall dispose of
the case without further preliminaries and as if the entire
proceedings had been canied out by that authority.
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20 ln case the punishment proposd is (i) Reduction to a lower scale of pay,

post or grade or (ii) Compulsory Retirement or (iii) Removal from the
services of the Company or (iv) Dismissal without Provident Fund
Employe/s Contribution ancuor Gratuity in part or full, the Competent
Authority shall also call upon the employee concemed to submit his say
on the quantum of punishment within seven days of receipt such notice.
21 ln awarding punishment, the Competent Authority shall take into

consideration the extent and gravity of the misconduct, the previous
service record of the person charged and any extenuating or 4gEvating
circumstances of the case.
22 Common Proceedings: Vvhere t\^ro ot more employees are alleged to

have been involved in a misconduct of a common nature, the Competent
Authority may appoint common Enquiry Officer and Presenting Officer
and the Enquiry fficer may conduct a @mmon proceeding in respect of
all such employees.
23 Employees on deputation from Central or State Govemment etc.: Where

an order of suspenslon is made or disciplinary proceedings is taken
against an employee who is on deputation to the Company from the
Central or State Govemment or another Public Seclor Undertaking or a
local authority, the Authority lending his services (hereinafter refened to
as "Lending Authorit/) shall forthwith be informed of the circumstances
leading to the order of his suspension, or the comm€n@ment of tle
disciplinary proceedings, as the case may be, as well as the action taken
thereon.
24 lf at any stage of the disciplinary proceedings and/or before passing of

final orders by the Competent Authority, the employee against whom
disciplinary proceedings have been pending, dies while in service or after
retirement, such disciplinary:ff::_lg:*ll be treated as closed
90
153
I.A. NO.__________ OF 2020
IN
IN THE MATTER OF:
Versus
APPLICATION UNDER SECTION 151 CPC SEEKING

EXEMPTION FROM FILING THE ORIGINAL DOCUMENTS
1. That the Petitioner has filed the above said Petition. The Petitioners have
filed the documents in e-files along with the said Petition for kind perusal
of this Hon’ble Court.
2. The Petitioners undertakes to file the better original copies of the
documents, if this Hon’ble Court desires and directs the same.
3. That the application is made bonafide and in the interest of justice. That
the applicants shall suffer irreparable loss and injury if the orders as prayed
for are not granted.
PRAYER
It is, therefore, most respectfully prayed:-
(a) that the Petitioners be exempted from filing the original/certified
documents filed with the suit, as the same are not with the Petitioners in
this Hon’ble Court;

154
(b) pass such further order(s) as this Hon’ble Court may deem fit and proper
in the facts and circumstances of the present case;
PETITIONERS
Through
(PRERNA KOHLI) (BHARTI CHAWLA)

ZEUS LAW, 2, PALAM MARG, VASANT VIHAR,
NEW DELHI – 110057
Place: New Delhi
Date: ______________
155
N THE HIGH COURT OF DELHI AT NEW DELHI
I.A. NO.__________ OF 2020
IN
IN THE MATTER OF:
Versus
AFFIDAVIT
solemn affirmation:
7. I say that the accompanying application has been drafted under my
affidavit.
156
other court.
DEPONENT
VERIFICATION:
DEPONENT
157
I.A. NO.__________ OF 2020
IN
IN THE MATTER OF:
Indian Pilot’s Guild …Petitioner
Versus
APPLICATION UNDER SEC 151 OF CPC ON BEHALF OF THE

PETITIONER FOR INTERIM RELIEF TILL THE FINAL
DISPOSAL OF THE WRIT PETITION
Most respectfully submitted that:
1. By way of the present Writ Petition, the Petitioner seeks to challenge the
manifest arbitrariness and illegality of the Scheme circulated vide Staff
Notices Nos. HPD02/LWP/420 & 421, dated 14.07.2020, issued by
Respondent No. 1. (hereinafter referred to as the “Impugned scheme”),
issued by Respondent No. 1 conferring disproportionate powers on its
Chairman and Managing Director to pass an order requiring any employee
to go a compulsory “leave without pay” for a period of six months or for
two (2) years and extendable upto five (5 years) (hereinafter referred to as
the “impugned action”) while denying them any allowances, statutory
benefits, housing and restricting their career progression.

158
2. The facts and circumstances giving rise to instant petition have been stated
in the petition and the same be treated as part and parcel of the present
application. For the sake of brevity, the Petitioners are not repeating the
same herein and crave leave of the Hon’ble Court to rely upon the same at
the time of hearing of this application.
3. It is humbly submitted that the role and courage of the Petitioner body
along with other flying crew staff has been acknowledged and lauded by
the Hon’ble Minister of Civil Aviation himself. However, instead of
getting rewarded for risking their lives in service for the nation,
Respondent No.1 imposed a blanket 10% deduction in Allowances in
respect of all the employees vide its Office Order dated 20.03.2020. This
10% cut, thus, effectively leads to a 60% cut in their take home salaries as
the allowances are completely tied up to the working hours (flying hours)
of the flying crew and, thus, the segment that generates the revenue is
suffering the most in terms of the cut.
4. Despite the fact that the Petitioner body suggested austerity measures vide
letter, dated 06.07.2020, to streamline the costs and bringing in operational
efficiency. Pursuant to which four meetings (dated 04.06.2020,
05.06.2020, 08.07.2020 and 14.07.2020) took place to discuss the
austerity measures that can be adopted to keep the Respondent Airline
afloat. Since no minutes were recorded, the Petitioner body along with the
coordinate pilot body (belonging to erstwhile Indian Airlines) served a
joint letter, dated 16.07.2020, summarising the discussions that took place
with the management during the course of the aforesaid meetings. The two
159
pilot bodies had expressed their willingness to negotiate a pay cut in line
with the market conditions.
5. Meanwhile, the Respondent no. 1 issued a Staff Notice, dated 14.07.2020,
approving impugned Scheme of Compulsory Leave Without Pay. The
scheme is divided into two parts- Voluntary and Compulsory. The second
part of the impugned scheme as mentioned in the Writ Petition authorizes
the CMD of Respondent No.1 to pass an order on behalf and in the name
of company to send an employee on a compulsory leave without pay for
six months or a period of two years extendable upto five years.
6. This arbitrary, unbridled and naked power of wide discretion under second
part without any guidelines or procedure would defeat the constitutional
purpose of equality and allied purposes. Therefore, when the Constitution
assures dignity of the individual and the right to livelihood, the exercise
of power by the government should be combined with adequate safeguards
for the rights of the employees against any arbitrary and capricious use of
those powers.
7. It is submitted that the procedure prescribed for identification of
employees for Compulsory LWP is arbitrary and whimsical and therefore
in violation of Article 14 of the Constitution. The decision to extend the
duration from six months or from two years or five years, while keeping
the employee bereft of all the allowances and employment benefits
including PF, Gratuity, etc. is manifestly arbitrary and grossly unjust.
Alongwith no pay for the term of Compulsory LWP, the employees would
160
also be required to repay all the loans and advances taken from Respondent
No.1 before proceeding. This not just an onerous condition but manifestly
arbitrary and violative.
8. The impugned scheme further requires for the employees sent on
compulsory LWP would not be allowed to take up any government
employment and would be required to seek prior permission from
Respondent No.1 before taking up employment in any other aviation
organization. The conferment of absolute unbridled and uncanalised
power to send the Petitioners on compulsory leave without pay is
antithesis to justness or fair treatment. Doing anything contrary to the
principle of audi alteram partem will tantamount to violation of the
principles of natural justice and is violative of Article 14 and Article 21 of
the Constitution.
9. It is submitted that the Petitioner body had already expressed its vehement
and un-equivocal protest to the unfair terms of the impugned Scheme vide
letters, dated 16.07.2020 and 21.07.2020. Moreover, it is to bring to the
knowledge of this Hon’ble Court that the Respondent No.1 is in the
process of privatisation and has set a deadline of 31st August, 2020 for this
goal. While Respondent No.1 has unilaterally decided to send their
employees on exile, there is not a word on what will happen to the future
of such employees when the term of their compulsory LWP ends. This
further raises doubts about the intention of the management of Respondent
No.1 who might be attempting this as a final clean-up exercise under the
cloak of an pandemic.
161
10.It is submitted that the management of the Respondent No.1 is bound by
the Constitution of this country and a Board Resolution cannot alter the
terms of the service conditions of the Petitioners in as much as infringe
their Fundamental Rights. The impugned scheme essentially annuls the
rights of the Petitioners along with setting an extremely destructive
precedent for lakhs of citizens employed with Union of India- directly or
indirectly. A board resolution cannot be allowed to abridge and violate the
fundamental rights of the employees in a state-run enterprise. The State is
expected to be the protector and crusader of the Fundamental Rights of its
citizens and not its destructor. The Respondent No.1 cannot be allowed to
function like a banana republic where rights of the employees can be
snatched away from them by way of unilateral decision-making process.
11. It is humbly submitted that Petitioner body has a prima facie case in its
favor. The balance of convenience lies in its favor. If a stay/ ad-interim
injunction is not granted on the staff notice, dated 14.07.2020, then the
Petitioner body shall suffer irreparable loss and injury. No prejudice would
be caused to the Respondents if the present application is allowed.
12.The present application is bona fide and in the interest of justice.
PRAYER
It is, therefore, most respectfully prayed that this Hon’ble Court may be
pleased to:
(a) Pass an ad-interim relief in favor of the Petitioners and against the
Respondent staying the operation of staff notice, dated 14.07.2020,
issued by the Respondent till the disposal of this Petition;

162
(b) pass such further order(s) as this Hon’ble Court may deem fit and
proper in the facts and circumstances of the present case;
PETITIONERS
Through
(PRERNA KOHLI) (BHARTI CHAWLA)

ZEUS LAW, 2, PALAM MARG, VASANT
VIHAR, NEW DELHI – 110057
Place: New Delhi
Date: _________
163
I.A. NO.__________ OF 2020
IN
IN THE MATTER OF:
Versus
AFFIDAVIT
solemn affirmation:
affidavit.
164
other court.
DEPONENT
VERIFICATION:
DEPONENT
165
I.A. NO._____________ OF 2020
IN
IN THE MATTER OF:
Versus
APPLICATION ON BEHALF OF PLAINTIFF UNDER SECTION

151 OF THE CODE OF CIVIL PROCEDURE 1908 FOR
EXEMPTION FROM FILING SIGNED VAKALATNAMA,
SIGNED AND ATTESTED AFFIDAVITS, AND COURT FEES
WITH PERMISSION TO FILE ALL THESE WITHIN 72 OF
RESUMPTION OF COURT WORK IN NORMAL COURSE
MOST RESPECTFULLY SHOWETH:
1. By way of the present Writ Petition, the Petitioner seeks to challenge
the manifest arbitrariness and illegality of the Scheme circulated vide
Staff Notices Nos. HPD02/LWP/420 & 421, dated 14.07.2020, issued
by Respondent No. 1.
2. The facts and circumstances giving rise to instant petition have been
stated in the petition and the same be treated as part and parcel of the
present application. For the sake of brevity, the Petitioners are not
repeating the same herein and crave leave of the Hon’ble Court to rely
upon the same at the time of hearing of this application.
3. That due to lockdown orders passed by Central Government and the
State Governments, the movement of all individuals have been
restrained, therefore, the Petitioners could not provide signed

166
Vakalatnama, Signed and attested affidavits and could not obtain and
provide court fees.
4. The Petitioners do hereby undertake to provide and file on record the
requisite court fees, signed vakalatnama, signed and attested affidavits
within 72 hours of the resumption of work in normal course.
5. The Petitioners, therefore, prays for exemption from filing requisite
court fees, signed vakalatnama and signed and attested affidavits.
6. The present Application is made bonafide and in the interest of justice.
PRAYER
In view of the above, it is most respectfully prayed that, this Hon’ble Court
may be pleased to:-
(a) exempt the Petitioners from filing signed vakalatnama, signed and attested
affidavits, site plan or any other relevant document in proper format and
requisite court fees;
(b) Pass any such further orders as may be deemed just and expedient in the
facts and circumstances of the present case.
PETITIONERS
THROUGH

(BHARTI CHAWLA)
Tel No. : +91 11 4173 3090
Date: _______________
Place: New Delhi
167
I.A. NO._____________ OF 2020
IN
IN THE MATTER OF:
Versus
AFFIDAVIT
solemn affirmation:
2. That I am fully acquainted with the facts of the case and hence I am in
a position to depose before this Court.
instructions and approval. The contents of the accompanying Petition
are true and correct to my knowledge and hence are not being repeated
for the sake of brevity herein. The same may be read as part and parcel
of this affidavit.
168
other court.
DEPONENT
VERIFICATION:
DEPONENT
169

IN THE MATTER OF:

Versus
KNOW ALL to whom these present shall come that I, Hari Shankar, the authorized representative of the Petitioner
in the captioned matter, do hereby appoint:
Prerna Kohli, Neetika Bajaj, Bharti Chawla, Yeshi Rinchhen, Mudit Gupta, Aman Anand, Ayushman
Kacker, Ayushi Verma , Zeus Law Associates, 2 Palam Marg, Vasant Vihar, New Delhi-57 (hereinafter called the
Advocate/s) (herein after called the advocate) to be the advocate for the Plaintiff in the above noted case, to do
all the following acts, deeds, things or any of them and authorized him :-
To act, appear and plead in the above-noted case in this Court or in any other Court in which the same may be tried
or heard and also in the appellate Court including High Court subject to payment of fees separately for each Court
by me/ us.
To sign, file verify and present pleadings, appeals cross objections or petitions for execution review, revision,
withdrawal, compromise or other petitions or affidavits or other documents as may be deemed necessary or proper
for the prosecution of the said case in all its stages.
To file and take back documents to admit and/or deny the documents of opposite party.
To withdraw or compromise the said case or submit to arbitration any differences or disputes that may arise
touching or in any manner relating to the said case.
To take execution proceedings.
The deposit, draw and receive money, cheques, cash and grant receipts thereof and to do all other acts and things
which may be necessary to be done for the progress and in the course of the prosecution of the said case.
To appoint and instruct any other Legal Practitioner, authorizing him to exercise the power and authority hereby
conferred upon the Advocate whenever he may think it to do so and to sign the Power of Attorney on our behalf.
And I/We undertake that I / we or my /our duly authorized agent would appear in the Court on all hearings and will
inform the Advocates for appearance when the case is called.
And I /we undersigned do hereby agree not to hold the advocate or his substitute responsible for the result of the
said case. The adjournment costs whenever ordered by the Court shall be of the Advocate which he shall receive
and retain himself.
And I /we the undersigned do hereby agree that in the event of the whole or part of the fee agreed by me/us to be
paid to the Advocate remaining unpaid he shall be entitled to withdraw from the prosecution of the said case until
the same is paid up. The fee settled is only for the above case and above Court. I/We hereby agree that once the
fee is paid. I /we will not be entitled for the refund of the same in any case whatsoever. If the case lasts for more
than three years, the advocate shall be entitled for additional fee equivalent to half of the agreed fee for every
addition three years or part thereof.
IN WITNESS WHEREOF I/We do hereunto set my /our hand to these presents the contents of which have been
understood by me/us on this _______day of _______________ 2020
` _____________________________________________________________
Accepted subject to the terms of fees
BHARTI CHAWLA
Advocate D/3014/2017 Client

IPG Vs Air India-Writ Petition

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IPG Vs Air India-Writ Petition

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IN THE HIGH COURT OF DELHI AT NEW DELHI

(EXTRA ORDINARY ORIGINAL CIVIL JURISDICTION)

WRIT PETITION (CIVIL) NO. ______ OF 2020

IN THE MATTER OF:

INDIAN PILOTS’ GUILD …PETITIONER

AIR INDIA LIMITED & ORS. …RESPONDENTS

3. List of Dates and Synopsis 3-6

4. Memo of Parties 7-8

5. Petition under Article 226 of the Constitution of India 9-38

7. Annexure P/2 40-46

8. Annexure P/3 47-50

9. Annexure P/4 51-53

10. Annexure P/5 54-55

12. Annexure P/7 59-152

13. Application under Section 151 of the Code of Civil 153-156

14. Application under Sec 151 of CPC on behalf of the 157-164

15. Application under section 151 of CPC on behalf of the 165-168

16. Vakalatnama 169

17. Proof of Service

(PRERNA KOHLI) (NEETIKA BAJAJ)

IN THE HIGH COURT OF DELHI AT NEW DELHI

(EXTRA ORDINARY ORIGINAL CIVIL JURISDICTION)

WRIT PETITION (CIVIL) NO. ______ OF 2020

IN THE MATTER OF:

Indian Pilots’ Guild …Petitioner

Air India Limited & Ors. …Respondents

Enclosed herewith a copy of Petition under Article 226 of the Constitution of

Please take notice accordingly.

(PRERNA KOHLI) (NEETIKA BAJAJ)

IN THE HIGH COURT OF DELHI AT NEW DELHI

(EXTRA ORDINARY ORIGINAL CIVIL JURISDICTION)

WRIT PETITION (CIVIL) NO. ______ OF 2020

IN THE MATTER OF:

Indian Pilots’ Guild …Petitioner

Air India Limited & Ors. …Respondents

(PRERNA KOHLI) (NEETIKA BAJAJ)

LIST OF DATES AND SYNOPSIS

1. The Petitioner, by way of this present Petition, seeks to challenge the

manifest arbitrariness and illegality of the Scheme circulated vide Staff

Notices Nos. HPD02/LWP/420 & 421, dated 14.07.2020 (hereinafter

referred to as the “Impugned Scheme”), issued by Respondent No. 1

conferring disproportionate powers on its Chairman and Managing

Director to pass an order requiring an employee to go a compulsory

extendable upto five (5 years) (hereinafter referred to as the “impugned

2. Shortly after, Union of India declared nationwide lockdown on

24.03.2020, the Respondent No.1 issued Office Order, dated

20.03.2020, laying down the proposed steps in the wake of the

unprecedented crisis. The said Office Order inter alia directed to

implement 10% reduction in the allowances of its employees, except the

Cabin Crew, for a period of three months effective March, 2020.

staff has been acknowledged and lauded by the Hon’ble Minister of

Civil Aviation himself. However, instead of getting rewarded for risking

10% deduction in Allowances in respect of all the employees vide its

Office Order dated 20.03.2020.

COVID pandemic, the Petitioners suggested some measures to

streamline the costs and bringing in operational efficiency which is

5. Subsequent to which, a series of four meetings (dated 04.06.2020,

05.06.2020, 08.07.2020 and 14.07.2020) took place between the

be adopted to keep the Respondent Airline afloat.

management during the course of the aforesaid meetings.

7. Immediately after dispatching the above stated letter dated 16.07.2020,

Notice, dated 14.07.2020, passing a Scheme of Compulsory Leave