JUDGMENT :

Sandeep V. Marne, J.

1. Rule. Rule is made returnable forthwith. With consent of the learned Counsel for the parties, petitions are taken up for final hearing.

THE CHALLENGE

2. Air India Ltd., India’s national carrier has been privatized through strategic disinvestment process by the Government of India. Its employees are facing eviction from their allotted accommodations and through their unions, had raised a demand for making a reference for industrial adjudication. That demand has met with rejection by the Central Government vide order dated 12th October 2022, which is the subject matter of challenge in the present petitions.

3. Petitions are filed by All India Service Engineers Association, Aviation Industry Employees Guild and Air Corporation Employees Union (collectively referred to as Petitioner Unions) who represent employees working in Air India Limited (AIL), Air India Engineering Services Limited and Air India Airport Services Ltd (Respondent Companies). Though prayers made in the three petitions do not exactly match, the broad grievance of Petitioner unions are with regard to (i) Order dated 12th October 2022 declining to make reference to Central Government Industrial Tribunal (CGIT) (ii) changing of penal rent and damage rent (iii) deduction/withholding of Performance Linked Incentive (PLI) for non-vacation of accommodations.

FACTS

4. AIL was incorporated as a Government Company under the Companies Act, 1956. Air India Engineering Services Ltd. and Air India Airport Services Ltd. came to be incorporated as wholly owned subsidiaries of AIL for handling its engineering and ground handling departments. Several (but not all) employees of AIL and two subsidiary companies were allotted residential accommodations in accordance with provisions of Air India Housing Allotment Rules, 2017 (Housing Allotment Rules).

5. The Government of India approved plan for privatization of AIL. After grant of in-principle approval for strategical disinvestment of AIL, the Cabinet Committee on Economic Affairs constituted a body named Air India Specific Alternate Mechanism (AISAM). With a view to monetise the assets of AIL, all the lands and properties of AIL were vested in newly formed company Air India Assets Holding Company Limited (AIAHCL). Thus, the lands and buildings in which the residential accommodations are situated became the property in ownership of AIAHCL. A decision was taken by AISAM to permit all employees of Respondent-companies to occupy residential accommodations for a period of six months post disinvestment or till property was monetized, whichever was earlier. Accordingly, letter dated 29th September 2021 was issued by the Ministry of Civil Aviation to the AIL conveying decision taken by AISAM for vacation of accommodations allotted to the servings and retired employees. In pursuance of the letter dated 29th September 2021, the Respondent Companies issued letters to their respective employees on 7/8th October 2021 intimating them the contents of the letter dated 29th September 2021.

6. The Joint Action Committee of Air India Unions filed strike notice with the Labour Commissioner on 13th October 2021 alleging that proposed action of eviction would amount to withdrawing privilege, which is a service condition incapable of being changed without following procedure prescribed under the Industrial Disputes Act,1947 (ID Act). On 27th January 2022, AIL was privatized by transfer of 100% shares to Talace Private Ltd. On 26th May 2022, the employees were once again directed to vacate the accommodations by 26th July 2022. Majority of the employees either vacated the allotted accommodations or submitted undertakings to vacate the same. The conciliation proceedings commenced on account of issuance of strike notice.

7. Petitioners filed Writ Petition (L) Nos.19001 of 2022, 19171 of 2022 and 20338 of 2022 challenging the lett