Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | U.K. Sex Discrimination Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India, United Kingdom Sex Discrimination Act, 1975 (0 of 1975) |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Dismissed |
Headnote | Constitution of India, 1950-Articles 14 and 15-Retirement-Different age fixed for employees of Indian origin and foreign origin-Whether permissible. Constitution of India-Article 12-Air India-Whether falls within the definition of "State"-An instrumentality or agency of State having operations outside India-For complying with the Municipal Law abroad-Whether could disregard Article 14 of the Indian Constitution. Constitution of India-Article 14-Air Hostesses and Deputy Chief Air Hostess-Having regard to the nature of duties performed by them-Whether belong to the same class. U.K. Sex Discrimination Act, I975, s. 6(4)-To have the same age of retirement for the Air Hostesses recruited in U.K. as is provided for an Air Hostess recruited of Indian origin-Whether violative of the Act. The petitioner, who was employed as Deputy Chief Air Hostess in Air India, filed this petition under Article 32 of the Constitution, alleging that while the employees of Indian origin have to retire at 35 years with extension till 45, those of foreign origin can go beyond 45 years, which is discriminatory and violative of Articles 14 and 15 of the Constitution. Accordingly, prayer was made to quash the letter sent to her retiring her on 28.2.1987, to declare Regulation 46(1)(c) of the Service Regulations ultra vires, to direct reconsideration of the decision in Air India v. Nargesh Meerza, [1982] 1 SCR 438 and to declare that the petitioner will retire only on her attaining the age of 58 years. In the counter-affidavit it was alleged that Air-India has not fixed any higher retirement age for Air-Hostesses who are recruited outside India, that Air India has appointed a few Air Hostesses abroad who belong to different nationalities and speak different European languages with a view to deal with passengers conversant only with these languages, that Air India has been encouraging its Indian Air Hostesses to learn European languages and in view of this position Air India is in the process of phasing out Air Hostesses of foreign origin, that service conditions and terms of appointment of the Air Hostesses appointed abroad are different than the service conditions of Air Hostesses appointed in India and that no Air Hostess of foreign origin is promoted to the post of Deputy Chief Air Hostess, Additional Chief Air Hostess or Chief Air Hostess. These promotional avenues are available only to the Air Hostesses appointed in India. |
Judge | Hon'ble Mr. Justice V. Khalid |
Neutral Citation | 1987 INSC 89 |
Petitioner | Miss Lena Khan |
Respondent | Union Of India & Ors. |
SCR | [1987] 2 S.C.R. 727 |
Judgement Date | 1987-03-30 |
Case Number | 231 |
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