IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1876 OF 2001 WITH CHAMBER SUMMONS NO. 284 OF 2004 Mr. M. Yogeshwar Raj, 101,Satyam-II, K.Raheja Complex, Malad (East), Mumbai-400097. ...Petitioner Versus Air India Limitd, Air India Building, Nariman Point, Mumbai-400021. ...Respondent WRIT PETITION NO. 809 OF 2002 Mrs. Shobha Girish Bagwe

401-A, Nirakar Building, Kalyan (West), Mumbai-400061. ...Petitioner Versus

1. Air India Limited, Air India Building, Nariman Point, Mumbai-400021.

2. Mr. A.P. Tambe Assistant Manager, Properties & Facilites Department Air India Ltd, Old Airport, Santa Cruz (E), Mumbai-400029. ...Respondents WITH WRIT PETITION NO. 1333 OF 2002

1. V. Pichumani Residing at c-5, Balaji Building Opp. Canara Bank, Kalina.

Mumbai 400 098.

2. T.V. Jacob residing at E/1/18-B2, Sector

10, Nerul, Navi Mumbai 400 806.

3. R.B.S. Kunde residing at B/102, Urvashi Sunder Nagar, Kalina, Mumbai-400098. ...Petitioners Versus

1. Air India Limitd, Air India Building, Nariman Point, Mumbai-400021.

2. Union of India (through the Secretary to the Government of India, Ministry of Civil Aviation, Rajiv Gandhi Bhava, Sadarjung Airport, New Delhi-100011. ...Respondents __________

Mr. Ashok D. shetty with Ms. Rita Joshi (Through V.C) with Mr. Shashikant Patil with Mr. Rahul P. Shetty and Bushra Moughal, for the Petitioner in WP No. 1876 of 2001 and WP No. 809 of 2002.

Adv. Lancy D’souza i/by Deepika Agarwal i/by V.M. Parkar, for the Respondents in WP No. 1876 of 2001.

Mr. Aditya Mehta with Mr. Rakesh Singh, with Ms. Heena Shaikh i/by M.V.

Kini and Co., for the Respondents (Air India) in WP No. 809 of 2002.

Mr. Rakesh Singh with Ms. Heena Shaikh i/b M.V. Kini and Co., for the Respondents in WP No. 1333 of 2022.

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Coram : SHREE CHANDRASHEKHAR &

MANJUSHA A. DESHPANDE, JJ.

RESERVED ON : 30 JULY 2025 PRONOUNCED ON : 25 AUGUST 2025 JUDGMENT ( Per MANJUSHA A. DESHPANDE, J.) :

1. In all the three writ petitions the employer of the petitioners is Air India Limited, but the facts as well as reliefs claimed by them are distinct from one another. Hence, considering that the employer is common and maintainability of writ petition itself is under issue, the writ petitions are being heard together. When the Writ Petition No. 1876 of 2001and Writ Petition No. 809 of 2002 were listed before this Court on 21 June 2024, this Court has observed that “the petitioners are the employees of the respondent- Air India Limited (hereinafter referred to as “AIL”). During the pendency of writ petitions the status of respondent employer, has undergone a change, as such the respondent-AIL is not amenable to the writ jurisdiction of this Court. The learned counsel for the petitioner states that, even in the changed circumstances the petition can still be prosecuted and seeks time to prepare compilation of decisions and address this Court. The matter was thereafter directed to be listed on 15 July 2024. Hence the matters are listed before this Court and in view of the aforementioned order passed by this Court the writ petitions are heard.

2. In the first Writ Petition No. 1876 of 2001, the prayer of the petitioner is to declare that his dismissal order is passed without jurisdiction and is non- est, by granting all the consequential benefits. In Writ Petition No. 809 of

2002, the prayer is to stay the effect, operation and implementation of the orders/decisions dated 06.08.2001 and 21.02.2002 issued by the respondent no. 1. In Writ Petition No. 1333 of 2002, the prayer is for the extension of the benefit of the pension scheme, which is made applicable to the employees retiring after 01.04.1994, claiming that it should be also made applicable to the employees, who retired prior to 01.04.1994. In all the writ petitions the facts as well as the prayers made by the petitioners are totally distinct from one another. However, the common thread in all the three writ petitions is the employer of the petitioners i.e., Air India Limited, which