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Home / Companies / News / Union labour ministry issues show cause notice to Air India Express

Union labour ministry issues show

cause notice to Air India Express
The airline, which was taken over by the Tata Group in January last year, implemented certain
policies that were under the conciliation process, as per the sources.

TITLE: Union labour ministry issues show cause notice to Air India Express.
SOURCE: BUSINESS STANDARD
DATE OF ARTICLE: 7 MARCH 2024

FACTS OF THE ARTICLE

The Union Labour Ministry has issued a show cause notice to Air India
Express, highlighting alleged violations of labour laws. The notice comes in
response to complaints regarding non-compliance with statutory provisions
related to employee rights and safety measures. This development
underscores the importance of adhering to labour regulations and ensuring
the welfare of workers in the aviation sector. The article reports that the
Union Labour Ministry has
issued a show-cause notice to Air India Express. This notice comes after
the airline terminated the services of over 40 employees, including pilots
and cabin crew, without giving prior notice. The ministry has asked the
airline to explain why action should not be taken against it for the
abrupt terminations. Additionally, the notice has been sent to Air India
Express's CEO, HR head, and Director of Operations.

ISSUES IDENTIFIED

Whether the Air India Express violates the labour law provisions under the
Industrial Disputes Act, 1947?
Whether the show cause notice issued by the Union Labour Ministry indicates
that Air India express violates provisions of various Labour enactments?

LAWS

1. Factories Act, 1948: This legislation mandates provisions related to the

health, safety, welfare, and working conditions of factory workers. Air India
Express must adhere to these provisions to ensure a safe working
environment for its employees.

2. Employees' Provident Funds and Miscellaneous Provisions Act, 1952:

This Act ensures the financial security of employees by mandating the
establishment of provident funds and other social security measures. Air
India Express is obligated to comply with the provisions regarding
provident fund contributions and related benefits.

3. Payment of Wages Act, 1936: The Act governs the timely payment of wages
to employees and prohibits unauthorized deductions from wages.
Air India Express must adhere to the stipulated wage payment
requirements to avoid legal repercussions.

4. Industrial Disputes Act, 1947: This Act provides mechanisms for the
resolution of industrial disputes and outlines procedures for addressing
grievances raised by employees. Air India Express should engage in
constructive dialogue with its workforce to address any concerns and
prevent potential disputes.

ANALYSIS

The article reports that the Union Labour Ministry has issued a show-cause
notice to Air India Express, a subsidiary of Air India, regarding alleged
violations of various labour laws. The notice is in response to complaints
received by the ministry regarding irregularities related to payment of wages,
service conditions, and other labour related matters. The notice requires Air
India Express to respond within 15 days, failing which action may be taken
against the airline. This action underscores the importance of adherence to
labour laws and the need for companies to maintain compliance in their
employment practices.

As per Section 33 of the Industrial Disputes Act, 1947 - During the pendency
of any conciliation proceeding before a conciliation officer or a Board or of any
proceeding before 2[an arbitrator or] a Labour Court or Tribunal or National
Tribunal in respect of an industrial dispute, no employer shall, --

a) in regard to any matter connected with the dispute, alter, to the prejudice of
the workmen concerned in such dispute, the conditions of service applicable to
them immediately before the commencement of such proceeding; or

(b) for any misconduct connected with the dispute, discharge or punish,
whether
by dismissal or otherwise, any workmen concerned in such dispute,

save with the express permission in writing of the authority before which the
proceeding is pending.

Liabilities of Concerned Parties:

1. Air India Express: The airline bears the primary responsibility for
ensuring compliance with labour laws and regulations. Failure to adhere to
statutory provisions may result in legal liabilities, financial penalties, and
reputational damage.

2. Union Labour Ministry: The Ministry is tasked with enforcing labour

laws and safeguarding the rights of workers. It has a duty to investigate
complaints and take appropriate action against violators to uphold the
integrity of the labour regulatory framework.

REMEDIES

1. Compliance Review: Air India Express must conduct a comprehensive

review of its operations to ensure compliance with all relevant labour laws
and regulations.
2. Remedial Measures: The airline should take immediate steps to address
any identified violations and implement corrective measures to rectify
deficiencies.

3. Training and Awareness: Provide training programs to employees and

management personnel to enhance awareness of labour laws and their
implications.

4. Collaboration with Authorities: Collaborate with labour authorities to

resolve any outstanding issues and ensure ongoing compliance with
regulations.

CONCLUSION

The Union labour ministry has issued a show cause notice to Air India
Express, owned by the Tata Group, for allegedly changing service conditions
during ongoing disputes with cabin crew members. Complaints were filed
regarding room sharing during layovers, leading to conciliation under the
Industrial Disputes Act. The notice questions the airline's compliance with
Section 33 of the Act, which requires service conditions to remain unchanged
during conciliation. The Regional Labour Commissioner has issued the notice,
while the Air India Express Employees Union has also raised grievances with
the civil aviation minister. The airline defends its actions as part of integrating
policies with AIX Connect, including crew members sharing rooms, amidst
the merger process with the loss-making AIX Connect.

The issuance of a show cause notice to Air India Express underscores the
importance of upholding labour laws and ensuring the welfare of employees
in the aviation sector. It is imperative for the airline to address any identified
violations promptly and implement measures to prevent recurrence.
Collaboration between the company and labour authorities is essential to
fostering a culture of compliance and accountability.