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2022 Supreme(Del) 2024

YASHWANT VARMA
Naresh Kumar Beri – Appellant
Versus
Union of India – Respondent


ORDER

1. The petitioners before this Court were permanently employed and rendered service as commanders and co-pilots with the second respondent Air India Limited [AIL]. Post their superannuation, they were appointed on contractual terms. They have approached this Court assailing the validity of the orders dated 02 April 2020 and 07 August 2020. In terms of the first order, AIL considering the outbreak of COVID-19 and its impact on operations of airlines worldwide, had proceeded to place their engagement on contractual terms under temporary suspension. By the subsequent order of 07 August 2020, AIL apprised the petitioners that in view of the prevailing scenario in the civil aviation sector, a decision had been taken to discontinue their contractual engagement.

2. Mr. Nayar, learned Senior Counsel appearing for AIL, has taken a preliminary objection to the maintainability of the writ petition and submits that the writ petition would not lie since the terms of engagement of the petitioners was not governed by any statutory provisions. Learned Senior Counsel contended that since the engagement of the petitioners was governed by a mere contract of service, a writ petition either for

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