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2022 Supreme(Mad) 1156

V. PARTHIBAN
Air Corporation Employees Union (Regn No. 3905), Rep by its President C. Udayashankar – Appellant
Versus
Union of India, Rep by the Secretary, New Delhi – Respondent


Advocates appeared:
For the Petitioner:Vaigai, Senior Counsel, Ramapriya Gopalakrishnan, Advocate. For the Respondents:R1, Tushar Mehta, Solicitor-General of India assisted by R. Sankaranarayanan, Additional Solicitor-General of India, M. Karthikeyan, R2 & R3, N.G.R. Prasad, K. Srinivasamurthy, R4, Anuradha Dutt, R. Bhardwaja Ramasubramaniam, Advocates.

Table of Content
1. background of the trade union and air india disinvestment. (Para 1)
2. details on employees' rights and issues raised by union. (Para 2 , 3 , 6)
3. government's policy decision on disinvestment. (Para 4 , 5 , 8)
4. importance of consultation and representation of employees. (Para 12 , 16)
5. judicial non-interference in economic policy decisions. (Para 38 , 46)
6. operationalizing section 9a of i.d. act in disinvestment. (Para 54)
7. conclusion on employee rights post-disinvestment. (Para 76 , 77)

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus forbearing the respondents 1, 2 and 4 from proceeding further with the process of disinvestment of the stake of the Government of India in Air India Ltd without taking appropriate measures to protect the terms and conditions of service and the rights of the employees of Air India Ltd represented by the petitioner union and covered by the recommendations contained in the report dated 10.2.2020 of the bilateral committee constituted under notification bearing Ref No.HPD02/130 issued by the Director (Personnel) Air India post disinvestment in consultation with the pe


















































































































































































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