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1988 Supreme(Bom) 432

ASHOK AGARWAL
INDIAN PILOTS GUILD – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
For the Appellant : F.D. Damania, A.V. Bukhari and K.S.K. Talsania
For the Respondent: D.S. Chopra, F.S. Nariman, D.R. Dhanuka, Lalit Bhasin, E.P. Bharucha, Nina Gupta, R.C. Dhrur and R. Dayal for R-2 and Anand Grover

JUDGMENT :

Ashok Agarwal, J.

1. The Pilots of Air India have come up with a grievance that Air India has introduced direct non-stopping flights to London and in the process by issue of a unilateral order has increased their flight-time and flight-duty-time. This has violated the settlement arrived at on 22nd September, 1971. That settlement was reiterated in the settlements of 2nd April 1982 and 20th November, 1984. The unilateral action on the part of the Air India of increasing the flight-time and the flight-duty-time of the Pilots is an affront to the valuable rights of the Pilots under the Industrial Disputes Act, 1947 (hereinafter referred to as the I.D. Act) as also under the aforesaid settlements 1971, 1982 and 1984. The impugned order has been motivated solely for the purpose of profit-making. It has ignored the safety measures in regard to the crew and the passengers and hence is liable to be struck down.

2. The Indian Pilots Guild, representing the Pilots of Air India, has averred that after elaborate collective bargaining it had reached an amicable bilateral agreement with their employers, the Air India, which agreement was signed between the parties as far back as on 22nd

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