Bombay High Court Dismisses Writ Petitions Against Air India After Privatization

The Bombay High Court has dismissed three writ petitions filed by former employees of Air India Limited (AIL), holding that they are not maintainable after the privatization of the airline. The Court ruled that once Air India was transferred to a private company, it no longer qualified as a “State” under Article 12 of the Constitution and therefore was not subject to writ jurisdiction.

The Division Bench of Justices Shree Chandrashekhar and Manjusha A. Deshpande noted:

“With its privatization, AIL has ceased to be an ‘Authority’ under Article 12 of the Constitution of India. Hence, writ cannot be issued against an authority that is not discharging the public functions.”

Background

The petitions were filed by employees of Air India challenging their dismissal from service, denial of pension benefits, and promotion disputes. When the petitions were first filed, Air India was fully owned by the Government of India and considered a “State” under Article 12, making writ petitions maintainable.

However, on January 27, 2022, the Union Government transferred 100% of its shares in Air India to Talace India Pvt. Ltd., a subsidiary of Tata Sons, under a share purchase agreement. After this transfer, Air India became a private company and lost its earlier status.

Court’s Reasoning

The Bench relied on its earlier ruling in R.S. Kotyswara Rao Madireddy v. Union of India (2023 (1) Bom CR 317), which held that Air India ceased to be amenable to writ jurisdiction after privatization. The Supreme Court had later affirmed this view in R.S. Madireddy v. Union of India (2024 SCC OnLine SC 965).

Accordingly, the Court reiterated that Air India no longer falls under the definition of “State” or “authority” and cannot be compelled through writs in matters concerning employment disputes.

Petitioners’ Arguments

The petitioners relied on the Constitution Bench judgment in Kaushal Kishor v. State of Uttar Pradesh (2023 4 SCC 1), which held that fundamental rights under Articles 19 and 21 can be enforced against private persons. They argued that this principle should apply even after the privatization of Air India.

They also pointed out that the State has a duty to protect citizens’ rights against private actors and that their writ petitions should remain maintainable.

Court’s Findings

The Bench rejected this argument, stating that Kaushal Kishor was decided in the context of rights such as free speech and personal liberty, not service disputes with a private employer.

The Court also considered Andi Mukta Sadguru Shree Muktajee Vandas Swami Suvarna Jayanti Mahotsav Smarak Trust v. V.R. Rudani (1989 2 SCC 691), where writs were permitted against private bodies performing public duties. However, it held that running an airline after privatization does not constitute a public duty.

The judges also referred to Municipal Corporation of Delhi v. Gurnam Kaur (1989 1 SCC 101) and State of U.P. v. Synthetics and Chemicals Ltd. (1991 4 SCC 139) on precedents, rejecting the contention that the earlier ruling in R.S. Madireddy was per incuriam.

Direction to Employees

While dismissing the petitions, the Court allowed the employees to pursue alternate remedies before other forums such as civil courts or industrial tribunals. It also directed that the time spent in pursuing the writ petitions would be excluded for limitation purposes if fresh proceedings were initiated.

The Court stated:

“During the pendency of the writ petitions, the status of Air India Limited has changed due to privatization. In such changed circumstances, the writ petitions would not be maintainable; however, the petitioners would be at liberty to explore alternate remedy.”

Case Title: Mr. M. Yogeshwar Raj v. Air India Limited and connected petitions

Judgment Date: August 25, 2025

Bench: Justices Shree Chandrashekhar and Manjusha A. Deshpande

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