PAWAN HANS LIMITED vs AVIATION KARMACHARI SANGHATANA AND 2 ORS.

Judgment text excerpt

Neeta Sawant 40 WP 2655 of 2023-contd.docx-FC IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2655 OF 2023 Pawan Hans Limited …..Petitioner : Versus : Aviation Karmachari Sanghatana and Ors. ….Respondents Mr. Lancy D’souza with Ms. Deepika Agarwal i/b Mr. V. M. Parkar for the Petitioner. Mr. K. S. Bapat, Senior Advocate with Mr. G.R. Naik, Mr. Uresh Sawant and Ms. Rutika Naik i/b M/s. G.R. Naik & Co. for the Respondent Nos. 1 and 2. Mr. Mohit Jadhav, Addl. GP for the Respondent No.3/State. CORAM : SANDEEP V. MARNE, J. DATED : 17 NOVEMBER 2025. Oral Judgment: 1) Pawan Hans Limited has filed the present Petition under Articles 226 and 227 of the Constitution of India taking exception to the order dated 27 June 2022 passed by the learned Authority under Section 33-C (1) of the Industrial Disputes Act, 1947 (ID Act) directing issuance of a Recovery Certificate for amount due to the Respondent-Union amounting to Rs.5,80,75,659/- with interest at the rate of 10 % per annum. 2) Petitioner is engaged in the business of providing Helicopter services and functions under the Ministry of Civil Aviation of the Government of India. It has employed about 275 regular employees and _____________________________________________________________________________ PAGE NO. 1 of 18 MONDAY, 17 NOVEMBER 2025 Neeta Sawant 40 WP 2655 of 2023-contd.docx-FC 305 fixed-term contract employees. It appears that there are two unions formed by the regular employees viz. All India Civil Aviation Employees Union (AICAEU) and Civil Aviation Technical Employees Union (CATEU). It appears that the Petitioner executed Memorandum of Settlement dated 21 August 2019 with AICAEU agreeing for wage revision from 1 January 2017. Similarly, a separate settlement was execu