Gender equality at the workplace

Out Of Court

 The equality provisions in the Constitution and the Equal Remuneration Act make this principle clear. However, one of the conundrums the grey-haired judges have been repeatedly called upon to decide in the past two decades is whether air hostesses of the national carriers should be grounded or retired when age withers their apparent charm.

 As the rules stand, they have to make their choice at the age of 50, while their male colleagues can fly up to 58 years.

 The issue came up again before the Supreme Court last week and the judgement in Air-India Cabin Crew Association vs Y Merchant has gone against those who raised the issue of gender justice.

 The Air-India air hostesses moved the Bombay high court against the service rules and it held that the age of retirement from flying duties fixed at 50 with the option to accept a ground job up to 58 was discrimination based only on the ground of sex.

 According to the high court, the rule was not only unconstitutional, but also against the provisions of the Equal Remuneration Act.

 The airline and its cabin crew association appealed to the Supreme Court against this judgement and won. The apex court noted that the vast majority of air hostesses had chosen to do ground duty. Barely 60 hostesses in the executive cadre still wanted to fly.

 Moreover, the court pointed out that the rule was introduced after negotiations with recognised unions followed by settlements and awards.