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Tuesday, Feb 12, 2008
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Flight steward sacked for sporting moustache?

J. Venkatesan

Supreme Court notice to Indian and Centre on SLP

New Delhi: The Supreme Court on Monday decided to examine whether a flight purser/steward in Indian (formerly Indian Airlines) can be sacked or compulsorily retired from service for sporting a moustache.

A Bench of Justices H.K. Sema and Markandey Katju issued notice to Indian and the Centre on a special leave petition filed by Joynath Victor De, challenging a Calcutta High Court judgment upholding his compulsory retirement on the basis of a regulation framed by the airline prohibiting sporting of moustache by flight pursers/stewards except in the case of Sikhs.

The petitioner contended that he had been victimised by the respondents for keeping a moustache. He said that since he joined the airline in 1968, he was sporting one. Subsequently, the regulations were amended prohibiting it for flight purser/steward. Since he continued to sport one as part of his family custom and spiritual faith, he was compulsorily retired from service in 1998.

On a writ petition, a single judge of the High Court held that the respondents had not followed the instructions correctly.

On appeal, a Division Bench upheld the contention of the airline and the order of compulsory retirement. The SPL by Mr. Joynath is directed against this judgment of July 2007.

The petitioner contended that keeping a moustache did not come in the way of his duties and it never affected his efficiency or integrity.

He sought quashing of the impugned judgment.

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