MISS LENA KHAN versus UNION OF INDIA & ORS.

MISS LENA KHAN versus UNION OF INDIA & ORS.

The petition lacks merit as no unlawful discrimination exists on retirement age between Indian and foreign origin Air Hostesses, Air India is aligning policies, and binding precedent establishes compliance with Article 14 and 15. Air Hostesses, regardless of origin, now subject to uniform retirement age, with foreign origin hostesses not entitled to same promotions as Indian origin hostesses.

Parties
Petitioner: Miss Lena Khan; Respondents: Union of India & Ors.
Jurisdiction
India
Judgment Date
30 March 1987
Procedural Posture
Writ Petition (civil) / Final Judgment
Outcome
Petition dismissed
Legal Topics
Right to Equality, Discrimination in Employment, Retirement Age, State Instrumentality
Constitutional Law Employment Law Equality Law Right to Equality Discrimination in Employment Retirement Age State Instrumentality

Case Brief

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Parties

Miss Lena Khan

Petitioner

Union of India & Ors.

Respondents

Procedural Posture

Writ Petition (civil) / Final Judgment

Legal Issues

  1. 1 Whether different retirement ages for employees of Indian origin and foreign origin in Air India are permissible under Articles 14 and 15 of the Constitution.
  2. 2 Whether Air India, as a state instrumentality, can disregard Article 14 to comply with municipal law abroad.
  3. 3 Whether Air Hostesses and Deputy Chief Air Hostess belong to the same class for service conditions.

Ratio Decidendi

The petition lacks merit as no unlawful discrimination exists on retirement age between Indian and foreign origin Air Hostesses, Air India is aligning policies, and binding precedent establishes compliance with Article 14 and 15. Air Hostesses, regardless of origin, now subject to uniform retirement age, with foreign origin hostesses not entitled to same promotions as Indian origin hostesses.

Court Disposition

Petition dismissed

Orders

  • No interference; retirement age for Air Hostesses will henceforth be uniform regardless of origin.
  • Petitioner's retirement on 28.2.1987 stands.