Bombay High Court Grants Status Quo Relief To SpiceJet Contractual Employees

The airline had earlier this month challenged the industrial tribunal order.

Before the High Court, advocate Jaiprakash Sawant for the All India SpiceJet Staff and Employees Association submitted that the workmen were terminated from January 1 despite a status quo order passed by the Central Government Industrial Tribunal, Mumbai on December 29. Advocate Mahesh Shukla for SpiceJet Airline Management contended that since the workmen were on fixed-term contracts, they have not been 'terminated' but their term of employment 'expired'.

Rejecting the Airline Management's contention, the order by Justice Ravindra v Ghughe of the Bombay High Court notes that "the contention of the management that Section2(oo)(bb) of the Industrial Disputes Act, 1947 would be applicable to the case of these workmen, I am afraid that when these workmen have been working, though on contracts of service, for tenures of 24 months under each contract, for about 8-9 years, Section 2(oo)(bb) would have no application."

The section says termination of employment on non-renewal of employment agreement upon its expiry shall not be considered as 'retrenchment'. The workmen said they were appointed by SpiceJet on fixed-term contracts in the beginning but given extension for years and must be continued and no contract workers be employed in their place.

The High Court in its order posted the airline's petition for urgent hearing on February 8 and said directed that until further orders, "the respondent-union would not precipitate the issue by filing any application for execution of the impugned interim order". It also directed the company that "status quo shall be maintained as existing today and no new contractual employees or personnel be deployed by any agency".

Case Title: The Chairman & Managing Director, Spice Jet Ltd v India Spice Jet Staff & Employees Association

Coram: Justice Ravindra V Ghughe

Read/Download the Order here