High Court rejects Indian Airlines' plea

The Delhi High Court has dismissed a petition filed by the Indian Airlines challenging a single judge order directing it to pay the arrears of an air-hostess who was grounded for being overweight. A bench of Chief Justice M K Sharma and Justice Hema Kohli last week dismissed the petition, saying a similar petition was pending before the court of Justice J M Malik and the bench would not hear it. The Indian Airlines, in its petition, had questioned the jurisdiction of the High Court as the air-hostess, Anne Patricia Dyook, was posted in Hyderabad, when she was grounded. "The single-judge without having jurisdiction passed the order to pay arrears to Dyook, which is illegal," it alleged while seeking the court's intervention to set aside the order. "There is no provision to pay the salary to the cabin crew during the period of her being grounded due to overweight.

The single judge failed to appreciate that real prejudice has been caused to the airlines," the petition alleged. The airline also contended that "the air-hostesses, at the time of joining, have given an undertaking that they would be liable to be terminated if they failed to maintain the weight of the prescribed limit." "She was going on leave frequently making her liable to be terminated," it further contended. Dyook's counsel Arvind K Sharma, however, argued that she was on and often grounded by the company for being overweight during 2003 and 2006. "The Airline has not paid 600 days' salary to her," he claimed.

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