All India Service Engineers Association vs Union of India, Through the Ministry of Labour & Employment

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Bom) 351

S. V. GANGAPURWALA, SANDEEP V. MARNE
All India Service Engineers Association – Appellant
Versus
Union of India, Through the Ministry of Labour & Employment – Respondent

Advocates Appeared:
For the Petitioner:Mr. Sanjay Singhvi, Senior Advocate with Ms. Rohini Thyagarajan, Mr. Mihir Desai, Senior Advocate i/b Mr. Mihir Joshi, Mr. Ashok Shetty a/w Ms. Rita K. Joshi and Mr. Swapnil Kamble,
For the Respondents:Mr. Anil Singh, Additional Solicitor General a/w Mr. Aditya Thakkar, Ms. Savita Ganoo a/w Mr. Pranav Thakkar, Ms. Smita Thakur, Mr. Kevic Setalvad, Senior Advocate a/w Mr. Jehan, Ms. Sneha Prabhu, Mr. S.D. Shetty, Mr. Rakesh Singh & Ms. Heena Shaikh i/b M/s. M.V. Kini & Co., Mr. Aditya Mehta a/w Mr. Vijay Purohit, Ms. Nikita Bangera, Mr. Samkit Jain, Mr. Faizan M. Mithaiwala, Mr. Mithil Shah i/b M/s. P & A Law Offices.

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 ar

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2023 Supreme(Bom) 351

S. V. GANGAPURWALA, SANDEEP V. MARNEAll India Service Engineers Association – AppellantVersusUnion of India, Through the Ministry of Labour & Employment – Respondent

Cases Referred (20)

S. V. GANGAPURWALA, SANDEEP V. MARNE
All India Service Engineers Association – Appellant
Versus
Union of India, Through the Ministry of Labour & Employment – Respondent