ISSUE

Transferred Case No. 3 of 1981 and the writ petitions filed by the petitioners raise common
constitutional and legal questions and we propose to decide all these cases by one common
judgment. So far as Transfer Case No. 3 of 1981 is concerned, it arises out of Writ Petition 1186 of
1980 filed by Nergesh Meerza & Others. Respondent 1 (Air India) moved this Court for transfer of
the writ petition filed by the petitioners, Nergesh Meerza & Others in the Bombay High Court to this
Court because the constitutional validity of Regulation 46 (i) (c) of Air India Employees' Service
Regulations (hereinafter referred to as 'A.I. Regulations') and other questions of law were involved.

FACTS

1. Transferred Case No. 3 of 1981 and the writ petitions filed by the petitioners raise common
constitutional and legal questions and we propose to decide all these cases by one common
judgment. So far as Transfer Case No. 3 of 1981 is concerned, it arises out of Writ Petition 1186 of
1980 filed by Nergesh Meerza & Others. Respondent 1 (Air India) moved this Court for transfer of
the writ petition filed by the petitioners, Nergesh Meerza & Others in the Bombay High Court to this
Court because the constitutional validity of Regulation 46 (i) (c) of Air India Employees' Service
Regulations (hereinafter referred to as 'A.I. Regulations') and other questions of law were involved.
Another ground taken by the applicant Air India in the transfer petition was that other writ petitions
filed by the Air Hostesses employed by the Indian Airlines Corporation (hereinafter referred to as
"I.A.C.") which were pending hearing in this Court involved almost identical reliefs. After hearing the
transfer petition this Court by its Order dated January 21, 1981 allowed the petition and directed
that the transfer petition arising out of Writ Petition 1186 of 1980 pending before the Bombay High
Court be transferred to this Court. By a later Order dated March 23, 1981 this Court directed that the
transferred case may be heard along with other writ petitions. Hence, all these matters have been
placed before us for hearing. For the purpose of brevity, the various petitions, orders, rules, etc. shall
be referred to as follows :

1) Air India as "A.I."

2) Indian Airlines Corporation As "I.A.C."

3) Statutory regulations made under the Air Corporations Act, 1953 (27 of 1953) by Air India or the
Indian Airlines Corporation would be referred to as 'A.I. Regulation' and 'I. A.C. Regulation'
respectively.4) Nergesh Meerza & Others as 'petitioners'.
5) Declaration by the Central Government under Equal Remuneration Act as "Declaration" and Equal
Remuneration Act, 1976 as '1976 Act'.

6) Air Corporation Act of 1953 as '1953 Act'.

7) Justice Khosla Award as 'Khosla Award' and Justice Mahesh Chandra Award as 'Mahesh Award'.

8) Assistant Flight Pursers as 'AFPs'.

9) Air Hostess as 'AH' and Air Hostesses as 'AHs'.

10. Air India Cabin Crew as 'A.I. Crew' and Indian Airlines Corporation Cabin Crew as 'I.A.C.' Crew'.

11. Flight Steward as "F.S.".