TTEM NO. $64$

COURT NO.11

SECTION XV

SUPREME COURT OF INDIA RECORD OF PROCEEDINGS

Leave to Appeal (C) Petition(s) Special $No(s)$ . $\hspace{0.1cm}\textbf{for}$ 12575-12577/2014

(Arising out of impugned final judgment and order dated 27/01/2014 in WP No. 1606/2013 27/01/2014 in CS No. 284/2013 27/01/2014 in WP No. 1606/2013 13/03/2014 in WP No. 331/2013 passed by the High Court Of Bombay)

AIR INDIA LTD

Petitioner(s)

VERSUS

AIR INDIA EMPLOYEES UNION & ANR ETC. Respondent(s)

(with application for exemption from filing $c/c$ of the impugned Judgment and permission to file synopsis and list of dates and permission to place additional documents on record and permission to urge additional facts and grounds and interim relief and office report)

(For Final Disposal)

WITH

SLP(C) No. $13072-13073/2014$

(With appln.(s) for permission to place addl. documents on record and appln.(s) for permission to place addl. facts and grounds and appln.(s) for exemption from filing $c/c$ of the impugned judgment and appln.(s) for permission to file synopsis and list of dates and <pre>Interim Relief and Office Report)</pre>

SLP(C) No. $13232-13233/2014$

(With appln.(s) for permission to place addl. documents on record and appln.(s) for permission to place addl. facts and grounds and appln.(s) for exemption from filing $c/c$ of the impugned judgment and appln.(s) for permission to file synopsis and list of dates and <pre>Interim Relief and Office Report)</pre>

SLP(C) No. 13942-13943/2014

(With appln.(s) for permission to place addl. documents on record and appln.(s) for permission to place addl. facts and grounds and appln.(s) for exemption from filing $c/c$ of the impugned judgment Signalure Not Terrificate ppln. (s) for permission to file synopsis and list of dates and $\begin{bmatrix}\n\begin{bmatrix}\n\mathbf{I} & \mathbf{I} & \mathbf{I} \ \mathbf{I} & \mathbf{I} & \mathbf{I}\n\end{bmatrix}\n\end{bmatrix}$

SLP(C) No. $14124-14125/2014$

(With appln.(s) for permission to place addl. facts and grounds and appln.(s) for permission to place addl. documents on record and appln.(s) for permission to file synopsis and list of dates and

Interim Relief and Office Report)

SLP(C) No. 14126-14127/2014 (With appln.(s) for permission to place addl. documents on record and appln.(s) for permission to place addl. facts and grounds and appln.(s) for exemption from filing c/c of the impugned judgment and appln.(s) for permission to file synopsis and list of dates and Interim Relief and Office Report)

SLP(C) No. 14233/2014

(With appln.(s) for directions and appln.(s) for directions and appln.(s) for exemption from filing c/c of the impugned judgment and Office Report)

SLP(C) No. 14253-14255/2014

(With appln.(s) for permission to place addl. documents on record and appln.(s) for exemption from filing c/c of the impugned judgment and appln.(s) for permission to file synopsis and list of dates and appln.(s) for permission to place addl. facts and grounds and Interim Relief and Office Report)

SLP(C) No. 15299/2014 (with Interim Relief and Office Report)

SLP(C) No. 17328-17329/2014 (With appln.(s) for exemption from filing c/c of the impugned judgment and Interim Relief and Office Report)

SLP(C) No. 17417-17418/2014 (With appln.(s) for exemption from filing c/c of the impugned judgment and Interim Relief and Office Report)

SLP(C) No. 15957-15958/2014 (With appln.(s) for exemption from filing c/c of the impugned judgment and Interim Relief and Office Report)

S.L.P.(C)...CC No. 17901/2014 (With appln.(s) for c/delay in filing SLP and Office Report)

SLP(C) No. 12597-12598/2014 (With appln.(s) for permission to place addl. documents on record and appln.(s) for permission to place addl. facts and grounds and appln.(s) for exemption from filing c/c of the impugned judgment and appln.(s) for permission to file synopsis and list of dates and Interim Relief and Office Report)

Date : 28/04/2016 These petitions were called on for hearing today.

CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN

For Petitioner(s) Mr. J. P. Cama, Sr. Adv. Mr. Sanjay Singhvi, Sr. Adv.

Mr. Jain Cox, Adv. Ms. Aparna Bhat, Adv. Mr. Rahul Kameskar, Adv. Mr. Dhruv Mehta, Sr. Adv. Mr. Sanjay Ghose, Adv. Mr. Kaustubh Anshuraj, Adv. Mr. Gautam N., Adv. Mr. Lalit Bhasin, Adv. Ms. Nina Gupta, Adv. Mr. Mudit Sharma, Adv. Ms. Bhavna Dhami, Adv. Ms. Palak Chadha, Adv. Mr. Parvez A. Khan, Adv. Ms. Aparna Bhat,Adv. Mr. S. Ravi Shankar,Adv. For Respondent(s) Mr. Ashok D. Shetty, Adv. Mr. Yamunah Nachiar, Adv. Mr. S. Ravishankar, Adv. Mr. Gopal Shankarnarayanan, Adv. Mr. Mahesh Agarwal, Adv. Mr. Abhinav Agrawal, Adv. Mr. Zeeshan Divan, Adv. Mr. Rohit Bhat, Adv. Ms. Devika Mohan, Adv. Mr. E. C. Agrawala, Adv. Mr. B. Krishna Prasad,Adv. Mr. E. C. Agrawala,Adv. Mr. Purushottam Sharma Tripathi,Adv. UPON hearing counsel the Court made the following O R D E R

SLP(C) No. 12597-12598 of 2014 and SLP(C) No. 15299/2014

During the pendency of these Special Leave Petitions before this Court, it appears that there has been negotiations between Government of India, Ministry of Civil Aviation and the Indian Commercial Pilots Association, leading to an offer made on 01.01.2016, which has been accepted by the Association on 15.01.2016, without prejudice to the rights and contentions

available to the Association in the above cases.

The learned counsel appearing for the Association submits that the acceptance of the offer may be recorded so that Air India could act upon the offer and acceptance. Therefore, the submission made by the Association regarding their acceptance of the offer dated 01.01.2016 is recorded, making it clear that the acceptance is without prejudice to the rights and contentions available to the Association, as raised in these cases. Hence, it is open to the Air India to act upon the offer and acceptance.

We make it clear that the acceptance is only in respect of the Indian Commercial Pilots Association.

SLP (C) No. 14124-14125 of 2014 and SLP (C) Nos. 15957-15958 of 2014

The learned counsel appearing for the Air India Air Craft Engineers Association submits that on some of the issues, there has been a settlement between Air India and the Association and that the Association is still willing to continue the talks with the Air India on the rest of the issues.

It is made clear that the pendency of these Special Leave Petitions shall not stand in the way of the Air India and the Association continuing their talks and making a further attempt for amicable settlement of the disputes. The Air India may do the needful expeditiously.

I.A.No. 3 in SLP (C) No. 14233 of 2014

Issue notice, returnable after 10 days.

Dasti, in addition, is permitted.

SLP (C) Nos. 14233 of 2014

The learned senior counsel appearing for the All India Cabin Crew Association submits that they have not been called for any negotiation with the Air India. There has been a binding settlement already entered into between the Air India and the Association.

The learned counsel appearing for the Air India submits that the Air India has invited only the recognised Unions/Associations for negotiation. However, as the learned counsel for various Associations have submitted that there has been a binding settlement between the Association and the Air India, which is ruling the field.

It is made clear that the pendency of this Special Leave Petition shall not stand in the way of the Air India calling the Association and making an attempt for amicable settlement of the disputes. The Air India may do the needful expeditiously.

SLP (C)....CC No. 17901 of 2014

The learned counsel for the Aviation Industry Employees Guild submits that there has been a binding settlement between the Guild and the Air India, which is ruling the field for more than 30 years.

The learned counsel appearing for the Air India submits that the Air India has invited only the recognised Unions/Associations for negotiation. However, as the learned counsel for various Associations have submitted that there has been a binding settlement between the Associations and the Air India, which is ruling the field.

In that view of the matter, it is made clear that the pendency of this Special Leave Petition shall not stand in the way of the Air India calling the Guild and making an attempt for amicable settlement. The Air India may do the needful expeditiously.

SLP (C) No. 14253-14255 of 2014

The learned counsel appearing for the Air India Service Engineers Association submits that they have not been called for any negotiation with the Air India. There has been a binding settlement already entered into between the Air India and the Association.

The learned counsel appearing for the Air India submits that the Air India has invited only the recognised Unions/Associations for negotiation. However, as the learned counsel for various Associations have submitted that there has been a binding settlement between the Associations and the Air India, which is ruling the field.

It is made clear that the pendency of these Special Leave Petitions shall not stand in the way of the Air India and making an attempt for amicable settlement of the disputes. The Air India may do the needful expeditiously.

List all the matters on 10.05.2016, as first item after Misc. matters.

(Jayant Kumar Arora) Sr. P.A. (Renu Diwan) Court Master