General Federation of Nepalese Trade Unions

Indian Airlines Workers win legal battle.

Posted On - 30/06/2010

June 29 – Nepal’s Supreme Court has given verdict that Labour Act  of Nepal is applicable to the workers appointed by the Nepal office of the  Indian Airlines. The Court directed Indian Airlines office in Nepal   to make permanent 39 workers who have been  serving since 18 years.

The company had denied  to implement Nepali Labour Act  stating that it is not registered under the Nepali law. The Court rejected the arguement made by the company and made clear that the question of registration is irrelevant and any establishment should implement the labour law if it is operating under the prevaling law of Nepal.

Workers of in Indian Airlines, the members of GEFONT affiliate Union of Trakking Travel Rafting and Airline workes (UNITRAV) had fileded the application in Labour Office of Bagmati Zone in April  2005.  Labour offcie directed Indian Airlines to  give  permanent appointment to all 39 workers who already had completed 240 days  in continous service and which was up held by the Labour court on 2008.

Challenging decisions made by Labour office and the Labour Court , on behalf of Indian Airlines , Manager Gautam Shaha  had fileded the  writ petition in Supreme Court on Agust 26, 2008.

After two years , on June 29 ,2010; Division Banch  of Supreme Court comprising of justice Khila Raj Regmi and Bharat Raj Upreti gave the verdict.

After receiving the verdict of the court aadvocate and  GEFONT Secretary of DFA Ramesh Badal said that it is historic decision of the court  which will change the mind set of the employer that the law is applicable not only to the establishment registered under the Napali Law ,but also to all establishments where employer employee relation exists. 

Mr. Tikaram Bhattrai  was another advocate  arguing the case on behalf of Workers .