Employees Union and Engineers Association de-recognised

May 27, 2010

The Management of National Aviation Company of India Limited has withdrawn the recognition granted to All India Aircraft Engineers Association and the Air Corporations Employees Union.

The reasons for de-recognition are:

AIAEA and ACEU resorted to illegal strike on 25th May 2010, causing harassment to the innocent passengers, causing revenue loss and disrupting flights nationwide and to international destinations. AIAEA and ACEU have indulged in regular violations of Code of Discipline and of the Settlements and acting in a manner resulting in the disruption of the normal working of the Company and breach of industrial peace and harmony.
One of the most objectionable action of AIAEA was that in breach of office order dated 27.7.2009; it approached media criticizing the systems and procedures of the Company.

No Statutory Provision for recognition of Union

There are no statutory provisions for recognition of Trade Unions. The Trade Union Act 1926 does not provide for recognition of a Trade Union in respect of Industry or Establishment. The Industrial Dispute Act also does not provide for recognition of Trade Unions.

In fact, when erstwhile Indian Airlines Corporation recognised ACEU in May 1959, the terms and conditions stated that ….Quote "that is clearly understood and recognised that IAC is a Public Utility Service operating round the clock everyday and has a duty of serving the traveling public."

The Code of Discipline in Industry which permits recognition of a Union claiming membership of at least 15 % of workers in an Establishment is also recommendatory and has no statutory force.

The recognition granted to AIAEA and ACEU by the Management of erstwhile Indian Airlines, states inter alia ….quote “ they are committed to observe constitutional means and not to resort to agitational steps and/or concerted action or any other means which may have the effect of interrupting or disrupting the work of the Company and/or other normal functioning of various sections and departments and/or the operations of services of the Company which may have effect of causing the delays to the Company’s services or inconvenience to its passengers or public” Unquote.

Termination of services

The services of employees have been terminated in terms of Service Rule 13(a) of applicable Service Regulations and Contract of Employment.

Management did not postpone meeting

There have been some media reports that the Management kept postponing the meeting with the office bearers of the Union/Association. The factual position is that the meeting was scheduled at 1100 hours and not at 1500 hours. The office bearers of AIAEA came for the scheduled meeting.

The meeting with ACEU was delayed due to clash of other meetings with Ministry etc; and the ACEU, therefore, left for the scheduled conciliation meeting.