Jammu & Kashmir High Court Directs Construction of Overhead Bridge or Underpass on Ring Road for Safe Passage of Villagers Minor Injuries No Bar for Framing Charges Under Section 307 IPC if Intent to Kill is Present: Supreme Court Prosecution's Case Full of Glaring Doubts:  Supreme Court Overturns Conviction in Abduction and Murder Case Allegations of Dowry Demand in FIR Found Vague and Driven by Civil Property Dispute: Supreme Court Quashes FIR and Chargesheet in Dowry-Cruelty Case Local Police Failed to Perform its Duties: SC Directs New Investigating Officer in Property Dispute Properties Acquired By Gift During Marriage Remain Separate Property Of Spouse Under French Civil Code; Husband Entitled To Half Share Only In Community Assets: Madras High Court Abuse Of Process: Supreme Court Dismisses Plea Against Closure Of Human Trafficking Complaint, Flags Lack Of Bona Fides Access To Justice Cannot Be Denied When Tribunal Is Not Functioning': Calcutta High Court Holds Writ Maintainable Under Article 226 Amid Stalled Conciliation Proceedings Violation Of Natural Justice Overrides Bar On Maintainability Under Section 18 MSMED Act: Orissa High Court Panic In A Train Does Not Mean Self-Destruction: Punjab & Haryana High Court Grants ₹8 Lakh Compensation For Passenger's Death In Stampede Section 101 JJ Act | Date Of Knowledge Of Order, Not Mere Knowledge Of Disposal, Commences Limitation Period: Delhi High Court Telangana High Court Quashes Order Declaring Inam Land As Govt Property Without Determining Occupancy Rights Proviso To Section 125(3) CrPC Does Not Limit Enforcement Of Monetary Relief Orders Under Section 20 DV Act: Telangana High Court Regularization Of Deviation Within Permissible Plot Envelope Governed By Uniform Fee Schedule, Arbitrary 5X Penalty Unsustainable: J&K&L High Court Man Who Blackmailed Woman With Her Own Nude Photos To Rape Her Repeatedly Can't Escape Conviction Merely Because His Voice Sample Wasn't Taken: Delhi High Court Arbitration Clause In Sale Agreement Cannot Be Invoked If Subject Matter Involves Third-Party Title Disputes: Madhya Pradesh High Court Trial Court Errs In Dismissing Amendment Plea If New Facts Emerge From Written Statement: Punjab & Haryana High Court 'No Compensation For Own Wrong': Gujarat High Court Rules Tortfeasors & Legal Heirs Cannot Claim Motor Accident Damages Under Section 166 MV Act Allahabad High Court Pulls Up Police And Magistrates Over Illegal Remand Of Juvenile Accused Section 13(1)(ia) & (ib) Hindu Marriage Act | Spouse Seeking Divorce On Grounds Of Cruelty And Desertion Must Prove Allegations With Cogent Evidence: Telangana High Court Cannot Let Land Become Banjar: Punjab & Haryana High Court Upholds Appointment Of Receiver Under BNSS Amidst Pending Civil Title Disputes Section 8 Arbitration Act | Executing Court Must Refer Parties To Arbitration If Dispute Falls Within Scope Of Compromise Decree: Madhya Pradesh High Court Suit For Damages Arising Out Of Tortious Injury Barred By Limitation If Not Filed Within One Year: Punjab & Haryana High Court 72-Hour Gap Not Proximate: Calcutta High Court Quashes Murder Conviction, Holds 'Last Seen' Theory Inapplicable When Time Gap Is Wide Original Owner Cannot Create Trust Over Property Already Sold; Separate Relief For Title Declaration Not Required: Madras High Court

Unequivocal Admission of Wage Arrears Claims Recognized, Tribunal’s Award Upheld: Delhi High Court

07 May 2024 8:19 AM

By: Admin


In a significant ruling, the Delhi High Court, led by Hon’ble Ms. Justice Rekha Palli, has upheld the decision of the Arbitral Tribunal concerning the wage arrears claims between Air India Limited and its employee unions. The court dismissed the petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996, challenging the arbitral awards that favored the respondents.

Justice Palli, in her landmark judgment, recognized the “unequivocal admission” of the dues by the petitioner. In her words, “the Management’s stance in the documents was unambiguous and amounted to an unequivocal admission of the claim for wage arrears,” thereby dismissing the petitioner’s contention that these were mere recommendations to the Union of India.

The court meticulously navigated through the challenges posed by the Presidential Directives and Settlement Memoranda, affirming the Tribunal’s authority to adjudicate the quantum of arrears payable from January 1, 1997, to December 31, 2007. The petitions, which argued that the Tribunal had exceeded its mandate and the legality of the Presidential Directive, were thus rejected.

The judgment further delved Into the legitimacy of the Presidential Directive issued under Section 9 of the Air Corporations (Transfer of Undertakings and Repeal) Act, 1994, and highlighted the administrative nature of such directives. It was stated that these are instructions from the Administrative Ministry and are subject to legal scrutiny.

Moreover, the court upheld the Tribunal’s direction for the payment of compound interest on the entire adjudged amount, including interest, aligning with the principles set forth in the Hyder Consulting (UK) Ltd. V. State of Orissa and UHL Power Company Ltd. V. State of Himachal Pradesh cases.

The decision has been welcomed by the employee unions, who have been in a long-standing dispute with the airline over their rightful claims. The representatives of the respondents, Mr. Jay Savla and his team, have expressed satisfaction with the court’s reasoning and the outcome of the judgment.

Date of Decision: 08.11.2023

 AIR INDIA LIMITED VS ALL INDIA AIRCRAFT ENGINEERS ASSOCIATION

[gview file="https://lawyerenews.com/wp-content/uploads/2023/11/Del-08-Nov-2023-Air-India-Ltd-Vs-All-India-Aircraft-Engg-Assoc.pdf"]

Latest Legal News