A.N. Sen JUDGMENT
S. Murtaza Fazal Ali, J.
1. Transferred Case No. 3 of 1981 and the writ petitions filed by the petitioners raise common constitutional and legal questions and we propose to decide all these cases by one common judgment. So far as Transferred Case No. 3/81 is concerned, it arises out of writ petition No. 1186/1980 filed by Nergesh Meerza and Ors. Respondent No. 1 (Air India) moved this Court for transfer of the writ petition filed by the petitioners, Nergesh Meerza & Ors in the Bombay High Court to this Court because the constitutional validity of Regulation 46(1)(c) of Air India Employees Service Regulations (hereinafter referred to as 'A.I. Regulations') and other questions of law were involved. Another ground taken by the applicant-Air India in the transfer petition was that other writ petitions filed by the Air Hostesses employed by the Indian Airlines Corporation (hereinafter referred to as "I.A.C.") which were pending hearing in this Court involved almost identical reliefs. After hearing the transfer petition this Court by its Order dated 21.1.81 allowed the petition and directed that the transfer petition arising out of writ petition No. 1186/80 pending before the Bombay High Court be transferred to this Court. By a later Order dated 23.3.1981 this Court directed that the Transferred case may be heard alongwith other writ petitions. Hence, all these matters have been placed before us for hearing. For the purpose of brevity, the various petitions, orders, rules, etc. shall be referred to as follows:
(1) Air India as "A.I."
(2) Indian Airlines Corporation as "I.A.C."
(3) Statutory regulations made under the Air India Corporation Act of 1953 or the Indian Airlines Corporation Act of 1953 would be referred to as 'A.I. Regulation' and 'I.A.C. Regulation' respectively.
(4) Nergesh Meerza and Ors. as 'petitioners'.
(5) Declaration by the Central Government under Equal Remuneration Act as "Declaration" and Equal Remuneration Act 1976 as '1976 Act'.
(6) Air Corporation Act of 1953 as '1953 Act.'
(7) Justice Khosla Award as 'Khosla Award' and Justice Mahesh Chandra Award as 'Mahesh Award'.
(8) Assistant Flight Pursers as 'AFPs'
(9) Air Hostess as 'A.H.' and Air Hostesses a 'AHs'.
(10) Air India Cabin Crew as 'A.I. Crew' and Indian Airlines Corporation Cabin Crew as 'IAC Crew'
(11) Flight Steward as "F.S.
2. Before dealing with the facts of the case and the central constitutional controversies and substantial points of law involved in these petitions, it may be necessary to give a brief survey of the history which laid to the formation of the two Corporations, viz., A.I. and I.A.C.
3. By virtue of Section 3 of the 1953 Act, the Central Government by a notification published in the official Gazette created two Corporations known as Indian Airlines and Air India International. Section 3(2) provided that each of the two Corporations would be a body corporate having perpetual succession and a common seal subject to the provisions of the Act to acquire and hold property. Section 4 of the 1953 Act provides for the Constitution of the Corp........