Thread by @lawbarandbench

[Air India Disinvestment] The Madras High Court will continue hearing a plea by the Air Corporation Employees Union seeking protection of their rights before the disinvestment proceeds.

Justice V Parthiban had previously granted a stay in the matter.

#MadrasHC @airindiain

ASGI Sankaranarayanan: We are ready. The #SolicitorGeneral is appearing.. he will be logging in.

Justice Parthiban: We will pass over the matter. I will run through the list.

#MadrasHC

Advocate Rama Priya, for the Petitioner Union: the matter arises out of the move to disinvest.. What we are concerned is, our service conditions must be protected.

#MadrasHC #AirIndia

Adv Rama Priya: The decisions must be adhered to before the disinvestment process and our services are transferred to the new employers.

#MadrasHC #AirIndia

Adv Rama Priya: So far, no formal letter has been issued to @airindiain employee by the govt. or Air India that our services will be transferred.

We kept representing to the management that we, as employees, are concerned.

#MadrasHC #AirIndia

#MadrasHC: what is the response now, before we go further?

Adv. Rama Priya: the response is that our services and emoluments will be protected.

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Justice Parthiban: Your voice has been breaking on & off, I am unable to appreciate some of your crucial statements.

#MadrasHighCourt

Justice Parthiban: I cannot go on like this for half an hour/45 minutes. You seek the help of some youngsters in your office. We all belong to the vintage period, we do not understand..

#MadrasHC #AirIndia

Connectivity issues corrected. Arguments continue.

#MadrasHC #AirIndia

Adv Rama Priya: they say we cannot continue existing medical facilities which have better terms. The basic pay of most employees is below income limit in CGHS to be eligible for better admission facilities.

For housing- they are discontinuing, therefore will have to be vacated.

Adv Rama Priya takes Court to the counter affidavit filed by the Central Government.

#MadrasHC #AirIndia

Adv Rama Priya: There was an undertaking taken from the employees that you'll have to forfeit incentive benefits if you do not vacate quarters.

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Adv Rama Priya: I just wish to place a couple of judgments of the Supreme Court. In fact, some of them are in our favour.

#MadrasHC #AirIndia

Adv Rama Priya: Unfortunately, since February 2020 since the recommendations of the Bilateral committee- we've been continuously representing to the government of India and AirIndia. There is no reply. Even the counter does not speak to them.

#MadrasHC #AirIndia

Adv Rama Priya: if there is a restructuring, the employer is entitled to send me home even before one year.

There is no assurance regarding future emoluments, only there for one year.

#MadrasHC #AirIndia

Adv Rama Priya: what we have sought is, let us take voluntary retirement. This is what is done when there is disinvestment.

Management agreed, it said yes you should be allowed based on the Gujarat pattern.

#MadrasHC #AirIndia

Adv Rama Priya: the govt of India has said that even in the case of loss making , if the management of the CPAC desires then the Gujarat pattern of VRS should be available to the employees.

#MadrasHC #AirIndia

Adv Rama Priya: Now, what does the central government say about VRS? That you'll be given retrenchment compensation.

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Adv Rama Priya: what does it mean? By that time, I have already gone over to the pvt employers who will remove me after one year, new terms and conditions will come into force, the govt of India employees will not apply.

The formula of the Gujarat pattern doesn't apply to me.

Adv Rama Priya: there will be a huge loss for me. Compensation for the loss of future employment has not been considered at all.

#MadrasHC #AirIndia

Adv Rama Priya: We are only asking for these rights from the GOI and Air India.

J. Parthiban: whether in law, you can ask the governmentt to come to your terms when they are taking a policy decision.

#MadrasHC #AirIndia

J. Parthiban: The fact that from 1997, your salary remained the same so you have suffered.

Adv Rama Priya: We have also suffered hugely, they have issues circulars saying we are reducing your allowance.
When services are being transferred, my consent needs to be taken.

Adv Rama Priya: but this can't be on the terms of take it and leave it.

We can't be treated as cattle. Some process of discussion with us, protecting our interest.. the only protection is for one year.

#MadrasHC #AirIndia

Adv Rama Priya takes Court through the judgment of the #SupremeCourt in Balco employees union v Union of India.

#MadrasHC #AirIndia

Adv Rama Priya: the employer here has said yes. It says protect their jobs, benefits, medical facilities, future employment. If not, protect voluntary retirement.

#MadrasHC #AirIndia

Adv Rama Priya: there is another judgment of the Supreme Court in the context of transfer to another employer.
Reads BCPP Mazdoor Sangh v NTPC

#MadrasHC #AirIndia

J. Parthiban: This is probably where the workers were completely ignored. Yours is not such a case. There was some sort of consultative process.

Adv Rama Priya: An agreement was also reached! But that has been ignored, that is out grievance.

#MadrasHC #AirIndia

Adv Rama Priya: In our case, the management says yes, VRS must be offered, but that has been ignored by the Central Government.

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Adv Rama Priya: All that we are saying is, befor entering disinvestment, please offer us these terms and ask whether we are agreeable to the tranfer to the new employer.

So far, nothing has been informed to me!

#MadrasHC #AirIndia

J. Parthiban: How do you say that the so-called report is enforceable int he first place? Its not an agreement, only a suggestion.

Adv Rama Priya: I am only saying on the ground of fairness and Article 14.

J. Parthiban: Government of India can either accept it in full or not.

Adv Rama Priya: Air India has agreed.

J. Parthiban: But the question is, who is Air India to agree?

Adv Rama Priya: VRS is also always offered to the employees.

#MadrasHC #AirIndia

Adv Rama Priya: It is the government's policy, we are not asking for a policy to be devised afresh.

We are only asking for enforcement of the government's own circular.

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Adv Rama Priya: Most of these employees have given the prime of their lives to the concerned.

We have worked at great deprivation of our emoluments. This is a niche industry, most of us do not have the skills to be employed elsewhere.

#MadrasHC #AirIndia

Adv Rama Priya: We are only asking the government to adhere to its own policy.

Article 14 requires that the government adheres to it's stated policy, otherwise it will be whimsical.

#MadrasHC #AirIndia

Adv Rama Priya: My submission is, this is not the case where the court is interfering with the disinvestment process.

No, it is for the government to gracefully come forward and say we will adhere to our stated policies.

#MadrasHC #AirIndia

Adv Rama Priya: This writ petition is very different from BALCO etc. because the facts are different.

Can the court in the facts of the case say what the government of India is doing is fair?

#MadrasHC #AirIndia

Adv Rama Priya: Since there is a lack of fairness. This is a case where the interference of the Court is called for in the interest of thousands of employees and their families.

#MadrasHC #AirIndia

Solicitor General of India Tushar Mehta requests the Court to take up the case at 12PM tomorrow.

- Hearing ends -

#MadrasHC #AirIndia