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August 16, 2000

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Former staffer takes on A-I in Kerala

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D Jose in Trivandrum

P C Nair, a former employee of Air-India, kept the airline's officials on their toes for more than 12 hours on Monday, threatening to jump to death from the fourth floor of the Air-India office in Trivandrum in Kerala.

Nair was protesting against the denial of full retirement benefits to him.

According to the police, Nair locked himself in the medical clinic room and began a hunger strike when Air-India's manager in Kerala expressed her inability in settling his claims.

The police reached the office late at night and took him away after an assurance that the A-I authorities would take up his case with the headquarters.

Nair, who served the national carrier for 37 years, found that benefits of 14 years service, from 1964, were missing when he retired on April 1, 2000. AI was apparently not prepared to take into account his service from April 1,1964 to March 31, 1978 as he had two postings outside India at that time.

He had served at the the airline's Hong Kong office from January 1, 1973 to November 20, 1974 and the Perth office in Australia from November 21, 1974 to March 31, 1978. The AI has separate rules governing employees working in India and abroad.

While those who join service in India are called India-based, the others are called local staff or locally recruited employees. The Indian-based staff is governed by labour laws prevailing in the country, while others are governed by laws in the country where they are posted.

Usually, Indian-based officials posted abroad are given fresh appointment orders. However, in Nair's case, A-I did not follow the rule when he was posted in Hong Kong. In Perth, Nair was given a fresh contract, under which he was supposed to get benefits as per Australian laws.

A-I transferred him from Perth to Trivandrum without cancelling the contract or giving him terminal benefits as per Australian laws.

Nair hoped that he would get full benefits on retirement from service in India.

However, A-I refused to consider his service up to March 31, 1978 and settled for benefits as an Indian-based employee. He had to be satisfied with a measly pension of Rs 2500 per month and service benefits of about Rs 200,000.

Nair made numerous representations to the A-I authorities. He also appealed to the high court and Supreme Court.

Nair said that if the A-I authorities refused him full benefits, he could file a case in Australia for benefits as a local staffer. "I may be able to get about Rs 580 million if I win the case in Australia. I am reluctant as it will be a fight against the country," Nair told rediff.com.

However, he asserted that he would do it if left without any option.

"I hope better sense will prevail on the A-I management. It had given similar benefits to many others. At least two employees who retired as managing directors of A-I were dismissed and reinstated with full service benefits after three years. In my case, there was no dismissal involved. I was in continuous service from April 1, 1964," he added.

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