Air India v. Nergesh Meerza

Facts

• Air India Employees Service Regulations, 1963, Regulation 46
• Air hostess required to retire on whichever occurred earliest:
• Attaining age 35
• Marriage within first 4 years of service
• First pregnancy
• Male Flight Pursers (identical cabin duties): retirement at age 58, no marriage or pregnancy restrictions

Issues

1. Whether Regulation 46(1)(c) (retirement on first pregnancy) violates Articles 14 and 16
2. Whether marriage bar during first 4 years is valid
3. Whether different retirement ages (35 vs 58) amount to discrimination
4. Whether the Managing Director's unguided discretion under Regulation 47 is arbitrary

Held

• Pregnancy clause: struck down. Unconstitutional. Employer who permits marriage cannot penalise its natural biological consequence. Violates Articles 14 and 16.
• Marriage bar (first 4 years): struck down. Arbitrary, no rational nexus to operational efficiency.
• Different retirement ages (35 vs 58): upheld. Air hostesses and Flight Pursers have different job requirements; classification is not unreasonable.
• Managing Director's discretion: struck down. Regulation 47 confers excessive power without guidelines. Arbitrary under Article 14.

Ratio Decidendi

An employer cannot terminate a woman's service on first pregnancy. Where marriage is permitted, pregnancy is its natural incident and cannot be penalised. Service regulations imposing such a condition are void under Articles 14 and 16.