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Supreme Court of India 2024-05-16 dismissed

AND ANR. ETC vs UNION OF INDIA & ORS. ETC

Bench: 2 — B.R. Gavai, Sandeep Mehta

In Brief

Four former cabin crew employees of Air India Limited (AIL) filed writ petitions in 2011-2013 seeking relief for pay stagnation, non-promotion, and withdrawal of allowances, claiming violations of Articles 14, 16, and 21 of the Constitution. AIL was a government company when the petitions were filed, making them initially maintainable. However, on 27 January 2022, the Government sold 100% of its shares to Talace India Pvt Ltd., privatizing AIL. The Supreme Court dismissed the appeals, holding that once AIL ceased to be a government entity, it was no longer amenable to writ jurisdiction under Article 226. The Court held that jurisdiction must be assessed at the date of final hearing, not filing. Since AIL became a purely commercial private entity performing no public function, no writ could be issued against it, though employees retain the right to pursue remedies in other appropriate forums.

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Constitutional Law Administrative Law Writ Jurisdiction Articles 12 and 226 Public Function Doctrine Privatization Employee Relations State Instrumentality Civil Procedure

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