HIGH COURT GRANTS RELIEF TO THE SPICEJET EMPLOYEES
Mumbai, Date: 25/03/2022
Justice A. S. Gadkari of Bombay High Court by the order dated 23rd March directed SpiceJet Limited firstly reinstate 60 employees from 1st April and submit the compliance report on 12th April. The issue of the reinstatement in services of remaining about 400 employees whose services have been terminated by the company under the guise of fixed term contracts would be decided in the course of time. Incidentally, Justice R. V. Ghuge in his earlier order dated 19th January in this case has made it clear that Section 2(oo) (bb) of the Industrial Disputes Act, 1947, on the plea of which the company has been adopting the hire and fire policy, would not be applicable to the case of these employees who have been working, though on contracts of service for years together and attending to the permanent nature of work. Thus, this section cannot be invoked by the company for termination of the employees as has been done in the present cases.
The demand of All India SpiceJet Staff and Employees Association challenging the action of the company in terminating the services of the employees by wrongly invoking this section and demanding for permanency in the employment of all such employees is pending for adjudication before the Central Government Industrial Tribunal, Mumbai. The interim order of 10th January passed by the Tribunal has been challenged by the company through Adv. Kiran Bapat in the High Court. Adv. Jaiprakash Sawant has been representing the Employees Association in the High Court as well as in the Central Government Industrial Tribunal. The reinstatement of these 60 employees may be construed as a beginning for the end of the hire and fire policy in the aviation industry and all the trade unions in this industry have to strive for it vigorously, said Adv. Jaiprakash Sawant.
