After privatisation, Air India is no longer State agency: HC

NT Correspondent

Bengaluru: The High Court of Karnataka has dismissed a petition by a Commander of Air India who had challenged the airlines not accepting the withdrawal of his resignation letter.

The HC said that the airline was no longer a State entity and writ jurisdiction could not be invoked against it.

 Referring to the Bombay High Court judgement in the RS Madireddy vs Union of India case, the HC bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit said, “We are broadly in agreement with the observations therein that once an entity is privatized, ceases to be an instrumentality of the State under Article 12 of the Constitution and therefore, aggrieved persons cannot invoke writ jurisdiction constitutionally vested under Articles 226 & 227.”

Captain Kripa Sindhu resigned from Air India on February 5, 2020. On March 18, 2020 he wrote another letter seeking withdrawal of resignation and willingness to continue in employment.

However, on August 13, Air India sent him a letter accepting his resignation and relieved him from service. He challenged it in the HC and a single judge on November 28, 2022 rejected it on the ground that Air India has “ceased to be an instrumentality of State under Article 12 of the Constitution of India.”

Sindhu’s advocate argued before the HC that “-Air India Limited has all the trappings of ‘other authorities’ as given under Article 12 of the Constitution” and the same is being examined by the Supreme Court which is hearing a Special Leave Petition in another case.

The Division Bench however said it would not interfere with the singlejudge order considering the law declared in the Bombay HC case.

“We are not inclined to interfere with the impugned order inasmuch as the same has been rendered keeping in view the law declared by a Division Bench of Bombay High Court,” it said.

Apart from that the HC said that Sindhu had remedy in the Civil Court and considering his background, he should approach it.

“It is not that he is a poor peasant or a labourer or a person belonging to lower social strata and therefore, cannot fight a potentially long drawing suit. He happened to be a high rung employee i.e., admittedly, a Captain of Airships promoted as Commander with effect from 9.5.2014. Obviously, he would have had a very attractive pay package and employment capabilities. It is not the case of appellant to the contrary,” the HC said dismissing the appeal. (WA 193/2023)