Ashwin Ullalkar v. Air India Ltd And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2124 OF 2014 Ashwin Ullalkar.

... Petitioner.

Versus

Air India Ltd. & ors.

... Respondents.

--- Mr. Ashok D. Shetty a/w. Ms. Rita K. Joshi, advocate for Petitioner. Mr. S.K. Talsania, Sr. Counsel a/w. Ms. Kavita Anchan i/b. M.V. Kini & Co., advocate for respondent Nos. 1 to 4.

--- CORAM : B.R. GAVAI & A.S. GADKARI, JJ DATE : APRIL 15, 2015 P.C.:

Rule. Rule made returnable forthwith. Heard by consent. The Petitioner has basically approached this Court challenging termination of service. The main charge for which the proceedings were initiated against the petitioner was that he had written certain communication to the Air Port Authorities of other nations making certain allegations against the respondent Air India and Director 1/4

General of Civil Aviation of India. However, on the last date, it was informed that the Petitioner was suffering from a serious ailment and was undergoing treatment of malignancy.

Taking into consideration the unfortunate situation, a suggestion was made to the respondent Air India that the termination be withdrawn and the Petitioner be permitted to resume the work. It was also suggested to the parties that in the event Air India agrees for reinstatement of the Petitioner, the Petitioner shall not insist upon payment of backwages. It was also suggested to the Petitioner that the Petitioner shall withdraw all the communications wherein though under the jest he had made an attempt to malign the national career as well as the Directorate General Civil Aviation. We are happy to note that with the intervention of Shri Shetty, learned Counsel appearing on behalf of the Petitioner and Shri Talsania, learned Senior Counsel appearing on behalf of the respondent, the matter has been amicably settled and the parties have 2/4

placed on record the Minutes of the Order on which the matter has been worked out. We place on record our appreciation for Shri Talsania and Shri Shetty. The said Minutes are taken on record and marked "X" for identification.

Rule is partly made absolute in terms of Minutes of the Order. Respective undertakings given in the Minutes of the Order are treated as undertakings given to this Court.

The Writ Petition is disposed of accordingly. (A.S. GADKARI, J) (B.R.GAVAI,J) 3/4

CERTIFICATE Certified to be true and correct copy of the original signed Judgment/order.

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