Air India Ltd & ORS v. Dinesh Ahluwalia & ORS

$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.APP.(C) 5/2019 and CM No. 30444/2019 (Stay), 30445/2019 (Exemption), 30446/2019 AIR INDIA LTD & ORS.

..... Appellant Through:

Mr. Lalit Bhasin, Mr. Ratna Dwivedi Dhingra, Mr. Ajay Pratap Singh and Mr. Dhawal Jain, Advocates versus DINESH AHLUWALIA & ORS.

..... Respondents Through:

None

CORAM:

JUSTICE S.MURALIDHAR JUSTICE TALWANT SINGH

O R D E R

% 09.07.2019

1. Air India is in appeal against the order dated 10th April, 2019 passed by the learned Single Judge in Cont. Cas (C) No. 927 of 2015.

2. This Court has heard the submissions of Mr. Lalit Bhasin, learned counsel for the Appellant. All that the learned Single Judge has done in the impugned order is to direct the Appellant to honour the undertaking given by it on affidavit to this Court on 12th November, 2014 stating that the revised salaries and allowance payable to the Executive Pilots of the erstwhile Indian Airlines, who were the Petitioners in W.P. (C) No. 5986/2014, in terms of the recommendations of Justice Dharmadhikari Committee, would be given effect to from 1st July, 2012. As rightly noted by the learned Single Judge, this undertaking given on an affidavit had to be

honoured by the Appellant.

3. The Court is not impressed with the explanation offered by the Appellant regarding its inability to comply with its own undertaking. The writ petition in question was disposed of on the basis of that undertaking as was recorded by the learned Single Judge. That order disposing of the writ petition has attained finality with Air India not choosing to challenge it.

4. In that view of the matter, the Court finds no reason to interfere with the impugned order. The appeal is dismissed. The pending applications are disposed of.

S. MURALIDHAR, J.

TALWANT SINGH, J.

JULY 09, 2019 PB