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West Bengal Law Academy A Bench Mark Law Coaching Institute in Bengal Case Analysis Air India V Nargesh Mirza

The Supreme Court ruled that clauses 46 and 47 of the Air India Employees Service Regulations were unconstitutional. Clause 46 created disparities between male and female employees in terms of promotional opportunities and retirement ages. It also mandated retirement for air hostesses upon marriage or pregnancy. Clause 47 granted the managing director overly broad discretionary powers to increase retirement ages without guidelines. The court struck down both clauses and recommended amending the pregnancy clause to require retirement after a third child instead. It found Regulations 46 and 47 violated Articles 14, 15 and 16 of the Indian constitution on equality and discrimination.

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806 views2 pages

West Bengal Law Academy A Bench Mark Law Coaching Institute in Bengal Case Analysis Air India V Nargesh Mirza

The Supreme Court ruled that clauses 46 and 47 of the Air India Employees Service Regulations were unconstitutional. Clause 46 created disparities between male and female employees in terms of promotional opportunities and retirement ages. It also mandated retirement for air hostesses upon marriage or pregnancy. Clause 47 granted the managing director overly broad discretionary powers to increase retirement ages without guidelines. The court struck down both clauses and recommended amending the pregnancy clause to require retirement after a third child instead. It found Regulations 46 and 47 violated Articles 14, 15 and 16 of the Indian constitution on equality and discrimination.

Uploaded by

Md Izad Washti
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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West Bengal Law Academy

A bench mark law coaching institute in Bengal

Case Analysis Air India V Nargesh Mirza

PETITIONER: AIR INDIA.

RESPONDENT: NERGESH MEERZA & ORS.

DATE OF JUDGMENT: 28/08/1981

BENCH: FAZAL ALI, SYED MURTAZA VARADARAJAN, SEN

Facts: The case put forward a challenge on Regulations 46 and 47 of the Air
India Employees Service Regulations. With the challenge being posited because
the said regulation created a substantial degree of disparity among male Air
Flight Pursers and female Air Hostesses and within the pedigree of Air Hostesses
on several grounds such as promotional avenues, differential retirement ages,
conditions about the termination of the Air hostesses services in cases of
pregnancy or marriage (retirement age for them was 35 years as opposed to 58
for their “male counterparts” – according to Regulation 46). Furthermore, a more
impending question was regarding the discretionary powers of the Managing
Director who under Regulation 47 could increase the age of retirement as per his
own interest. The petitioner contended that such a power bestowed is arbitrary.
Issues:
(i) Whether clauses 46 and 47 of Air India Employees Service Regulations are
violative of Art. 14,15 and 16 of the Indian constitution and thus ultra vires in
whole or part?
(ii) Whether discretionary powers as enumerated under Regulation 47 can be
deemed as being excessive delegation provided to the managing director?

Judgment
The apex court after hearing arguments from both the parties ruled that the
clauses regarding retirement and pregnancy are unconstitutional and thus
ordered for them to be struck down with immediate effect. Furthermore,
Regulation 47 of the Air India Employees Service Regulations also experienced a
similar fate, for it was found that Regulation 47 suffered from the excessive
delegation of powers without any reasonable guidelines to police the same.
The Supreme Court also recommended that the said pregnancy clause be
amended wherein the criterion of retirement upon the birth of a third child
should be added in place of the already existing clause, which is based on the
reasoning of the principle of public health.

Critics:
Gender discrimination hinders the overall growth and development of women in
modern-day society. There are already plenty of patriarchal restraints on a
women’s desires for a stress-free life back home. Now, if we see the facts of the
present case it says the retirement age of air hostesses was kept as 35 years,
because of a wrongful assumption that women till that age look youthful and
glamourous. And if we talk about pregnancy or marriage, the retirement for this
is unjustified and violates the fundamental rights of women which are Article 14,
15, and 16 of the Indian constitution.

Now, the issue raised was whether the Regulations in the act were in violation of
Articles 14, 15, and 16 of the Indian Constitution? Or can we say on that part of
the regulation act that it is ultra vires?
And the second issue was whether the discretionary powers of the Managing
director under Regulation 47 be deemed as an excessive delegation?
So, if we critically analyze the verdict by the Court it is clear that of course, the
regulation clause was in violation of the fundamental rights of women under
Article 14,15 and 16 of the Indian Constitution, thus orders them to be struck
down. Also, because of the same reason the regulation 47 was also found to be
under glitches as it provided immense arbitrary powers to the Managing Director,
hence needed to be controlled. Lastly, we recognize that there is an immediate
need to curb this evil of gender inequality to make all people avail their the rights
granted to them under the constitution of India. Both men and women are equal
and societies that follow this norm lead a peaceful life. Gender equality is also a
human right and everyone reaps the benefit from this.

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