Delhi High Court: Labour Court Award Against Air India Can Still be Challenged Despite Privatisation

The Delhi High Court held that a writ petition challenging a Labour Court award against Air India remains maintainable despite the airline’s privatisation.

Justice Sachin Datta observed that the dispute arose when Air India was still a government-controlled entity and the Labour Court award itself was passed before privatisation.

The Court distinguished earlier rulings which held that writ petitions against Air India were not maintainable after it ceased to be a “State” under Article 12. It clarified that cases involving liabilities and proceedings originating during Air India’s public sector status could still be examined under writ jurisdiction.

The matter concerns a challenge to a Labour Court award directing reinstatement and back wages.

[Suraj Singh v. Indian Airlines]