AIR INDIA CABIN CREW ASSOCIATION versus YESHAWINEE MERCHANT AND ORS.

Citation: [2003] SUPP. 1 S.C.R. 455 · Decided: 11-07-2003 · Supreme Court of India · Bench: DORAISWAMY RAJU · Disposal: Appeal(s) allowed

Judgment (excerpt)

AIR INDIA CABIN CREW ASSOCIATION 
A 
V. 
YES HA WINEE MERCHANT AND ORS. 
JULY 11, 2003 
[DORAISWAMY RAJU AND D.M. DHARMADHIKARI, JJ.] 
B 
Constitution of India, 1950-Articles 14, 15 and 16: 
Age of retirement-Of airhostesses of Air India and Indian Airlines-
Two separate cadres of male and female cabin crew members for pre-I 997 C 
recruits-Fixation of early retirement age of airhostesses compared to male 
cabin crew members from flying duties with option to go for ground duties 
~ between 50 to 58 years of age-Fixation was through negotiations, 
agreements, settlements and awards made in industrial .at{iudication-After 
Air India and Indian Airlines becoming companies male and female cadres D 
merged for post-I 997 recruits-Industrial dispute on re-f1Xation of terms and 
conditions of services of employees of newly formed companies pending with 
the National Industrial Tribunal-Challenge to the early retirement age by 
small number of airhostesses in executive cadre-High Court held the 
retirement age to be violative of Articles I 4, I 5 and I 6 of the Constitution 
and provisions of the Acts and accepting the proposals of the employer, E 
varied the terms and conditions of pre-1997 recruits-On appeal, held: Terms 
and conditions of service fixing age of retirement cannot be said to be 
discriminatory-Constitutional prohibition under Articles I 5 and I 6 not to 
discriminate citizens only on sex, does not prohibit a special treatment to the 
women in employment on their own demand-Where terms and conditions F 
are f1Xed through collective bargaining as a comprehensive package deal in 
the course of industrial adjudication and terms of service and retirement age 
f1Xed under agreements, settlements or awards the same cannot be. termed as 
unfavourable treatment only on basis of sex-The terms and conditions of 
pre-1997 recruits could not be varied-Early age retirement policy of · 
airhostesses does not contravene Section 5 of Equal Remuneration Act, G 
rather ii is saved by siction I 5(a) and I 5(b)(ii) thereof-The directives 
issued by Central Govemment under Section 34 of Air Corporation Act are 
not in violation of Articles I 4, I 5 and I 6 of the Constitution or provisions 
of Equal Remuneration Act-It was not appropriate for High Court to 
adjudicate upon the issue pending for industrial adjudication-National H 
455 
456 
SUPREME COURT REPORTS [2003) SUPP. I S.C.R. 
A Industrial Tribunal directed to decide the issues in accordance with law--
Equal Remuneration Act, 1976--Sections 5 and 15--Air Corporations Act, 
1953--Section 34--lndustrial Disputes Act, 1947--Section 10--Air 
Corporation Transfer of (Undertaking and Repeal) Act, 1994--lndustrial 
Employment (Standing Orders) Act, 1946. 
B 
c 
D 
Article 141--Precedent--lssues settled in previous case by Supreme 
Court-In subsequent litigation the settled issues held to be arbitrary and 
unreasonable by High Court relying on subsequent events-Held: Recourse 
to the subsequent events could not be made to water down the binding effect 
of judgment a/Supreme Court-High Court acted against judicial discipline. 
Article 226--Judicial Review-Of pending issues for industrial 
adjudication-Held: In such case proceeding u/A 226 are neither appropriate 
nor a substitute for industrial adjudication in the Industrial Courts and 
Tribunals. 
Article 77--Applicability-Scope of-Held: Even if an executive action 
of the Central Government is not formally expressed to have been taken in 
the name of President, such action would not be rendered void or invalid by 
virtue of the Article. 
Air India and Indian Airlines were established under Air Corporation 
E Act, 1953. Two National Industrial Tribunals fixed the age of retirement of 
airhostesses of Air India as 30 years which could be extended upto 35 years 
in medically fit cases. When the dispute regarding retirement age oflndian 
Airlines airhostesses arose, a settlement was reached between employer and 
employees under which General Manager's power to extend retirement age 
of unmarried and medically fit airhostesses was increased from 35 to 40 years. 
F In 1972 Central Government referred a dispute concerning the service 
conditions of workmen of Indian Airlines to an Industrial Tribunal, wherein 
·Employees' Union of Air India were party. Air India had made a demand before 
the Tribunal for interchangeability of job functions between male and female 
members of crew and the Tribunal by its award refused the same on the gro

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