A regulation was passed by the managing director of Air India stipulating that Air hostesses will be terminated from service on attaining the age of 35 or on marriage. This was challenged by an Air hostess. Discuss the validity of the regulation.
TheSayeed Answered question March 15, 2024
Facts of the Case:
- The managing director of Air India issued a regulation stating that Air hostesses would be terminated from service upon reaching the age of 35 or upon marriage.
Issues in the Case:
- Is the regulation regarding the termination of Air hostesses upon reaching the age of 35 or upon marriage valid?
Principle:
- Article 14 of the Indian Constitution guarantees the right to equality and prohibits arbitrary and unreasonable classifications.
Judgement:
- In the case of Air India vs. Nargesh Meerza (AIR 1981 SC 1829), the Supreme Court considered similar provisions regarding the termination of Air hostesses.
- The Court ruled that provisions such as pregnancy bar, retirement, and the option of the Managing Director to terminate based on age or marriage were unconstitutional, as they were deemed unreasonable, arbitrary, and violative of Article 14.
- However, the Court upheld the validity of the provision prohibiting Air hostesses from marrying within four years of their service, finding it reasonable and not arbitrary.
- Therefore, while regulations regarding the termination of Air hostesses based on age or marriage are deemed unconstitutional, restrictions related to marriage within a certain timeframe of service may be considered valid if they are reasonable and not arbitrary.
Based on the Supreme Court’s ruling in Air India vs. Nargesh Meerza, regulations terminating Air hostesses based on age or marriage are considered invalid if found to be unreasonable and arbitrary, but restrictions related to marriage within a specific timeframe may be upheld if deemed reasonable.
TheSayeed Answered question March 15, 2024