$~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9314/2023 and CM APPL. 35465/2023 Date of Decision: 19.02.2026 IN THE MATTER OF:

AIR INDIA LTD & ORS. .....Petitioners (Through: Mr. Rajiv Nayar, Sr. Advocate, Mr. Amit Mishra, Mr. Azeem Samuel, Ms. Mitakshara Goyal, Mr. Vaibhav Kharbanda, Mr.

Shivam Goel, Ms. Shrijeta Pratik, Advocates.)

versus NATIONAL COMMISSION FOR SCHEDULED TRIBES & ANR.

.....Respondents (Through: Mr. T. P. Singh, Sr. Central Govt. Counsel for R-1.

Mr. Rajat Aneja, Mr. Abhinav Chauhan, Advocates for R-2.)

CORAM:

HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV

J U D G M E N T

PURUSHAINDRA KUMAR KAURAV, J. (ORAL) 1. The instant petition is for the following reliefs:-

“a. Quash the Impugned Order, i.e., the summons dated 15.06.2023 issued against Petitioner No. 2 and 3,,officials of Petitioner No. 1 and the Complaint dated 2.12.2022.

b. Issue a declaration to the effect that the proceedings in File No. R- 48/CA- 19/2019/SSW-II pending before the Respondent No. 1 and orders/minutes of meetings passed by Respondent No. 1 are non-est and without jurisdiction.

c. Quash the proceedings in File No. R-48/CA-19/2019/SSWII pending before the Respondent No. 1 and orders/minutes of meetings passed by Respondent No. 1 are non-est and without jurisdiction.

d. Issue a direction or order against the Respondent No. 1 staying the proceedings relating to the Complaint dated 2.12.2022 filed by Respondent No.2 before Respondent No.1 being File No. R- 48/CA-

19/2019/SSW-II.

e. Issue a Writ in the nature of Certiorari or any other appropriate Writ, and/or direction against the Respondent, and/or direction inter alia calling for the records of the entire proceedings relating to the Complaint filed by Respondent No.2 before Respondent No.1 being File No. R- 48/CA-19/2019/SSW-II.

f. Pass any other orders/s, which this Hon'ble Court may deem fit and proper in the facts and circumstances of the present/case and in the interest of justice.”

2. The sole grievance raised by the petitioner is with respect to the order of summons dated 15.06.2023 issued against the petitioner nos. 2 and 3, who are the officials of petitioner no.1. The order impugned herein has been stayed by the Court on 14.07.2023. The order dated 14.07.2023 is extracted as under:-

“1. The instant writ petition has been filed by the Petitioners challenging the summons dated 15.06.2023 issued by the National Commission for Scheduled Castes directing the presence of Chief Human Resources Officer and Chief of Operations Officer of Air India.

2. Mr. Rajiv Nayyar, learned Senior Counsel for the Petitioner, submits that Air India is represented by Vice-President, Employees Relations Officer before the Commission.

3. No reason has been given as to why the presence of the said Officers has been requisitioned by the Commission or that the Officer representing the Union of India has not been able to answer the queries of the Commission in a satisfactory manner. Further, Mr. Nayyar, learned Senior Counsel, also raises questions regarding the jurisdiction of the Commission to entertain the dispute raised before the Commission regarding the right of a person to fly as a pilot, which according to him, is primarily a service dispute which cannot be adjudicated by the Commission.

4. Per contra, learned Counsel for Respondent No.1/ National Commission for Scheduled Castes, contends that the Act and the Rules give powers of a civil court to the Commission and, therefore, the Commission can summon any person. He also states that the Commission can also look into questions in service matters if the Commission is of the view that the provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 are violated and it has the powers to rectify and pass orders if it finds that the authorities have discriminated or have harassed any person.

5. Issue notice.

6. Learned Counsel for Respondent No.1 accepts notice. Let a reply be filed before the next date of hearing.

7. On payment of