The civil aviation ministry's move to cap the upper age limit for Air India cabin crew at 35 years is impractical and fraught with legal complications, airline's crew and lawyers representing them have said.
This is because about 70% of the permanent cabin crew are over 35 years. Also the airline will have to serve a legal notice before making any change in service conditions, they added.
Two weeks ago civil aviation minister Ashok Gajapati Raju gave a 26-point agenda to the airline to boost its performance in wake of competition. One of them is keeping age limit of cabin crew young to improve service standards and reduce delays. The minister suggested older crew members could be given ground duties.
However, crew members say the move is impractical and could lead to curtailing of operations if it is implemented immediately.
Air India has 3,400 cabin crew, 800 of whom are employees on contractual basis. The 800 contract employees are all less than 35 years of age. Of the 2,600 permanent employees - 800 cabin crew are more than 50 years of age, 500 are between 40-45 years of age and 1300 are below 40 years of age.
Permanent recruitment of cabin crew on wide body fleet was last carried out between 2003-04 and minimum requirement was graduation and age limit was 21-24 years. There was relaxation in age criteria for reserved categories.
"Even if one assumes that every one who was hired in that period 21 years old they would have crossed 35 years age or will do so in one or two years,'' said a cabin crew member. Other crew members pointed out that feasibility of the move as one hand the airline plans to add flights and open up new routes.
A senior executive in the airline said, “If you put an upper age limit for cabin crew, then it is necessary to put in place a stream which would specify the jobs they would move on to on crossing set age limits. It is difficult to transfer or shift regular employees to ground-handling jobs abruptly.” The executive said there is likely to be resistance from cabin crew as well on abrupt shift in duties on account of matters pertaining to emoluments.
The move to set an upper age limit for cabin crew could also face legal challenges as this would amount to change in service conditions.
In its January order on the issue of implementation of Dharmadhikari Committee report, the Bombay High Court ruled that the airline can not unilaterally change service conditions. Advocate Ashok Shetty who represents Air India cabin crew said that the management would have to serve a notice under Industrial Disputes Act if it wishes to effect such a change.
"The long term view of Air India management and the civil aviation ministry seems to be reducing permanent unionized workforce and replace them with contract staff. It could be a step towards privatisation,'' said advocate Jane Cox.
Air India cabin crew retire from flying duties at the age of 58 years. Till 2003-04 women were not allowed to function as cabin crew on crossing 50 years but the age limit was extended to 58 following litigation and government order.
