During the course of hearing, which spanned for over a month, the company assured the Court that it will not take any coercive action against its employees for not vacating the premises before the stipulated deadline.
The company assured that in the event the employees failed to vacate premises, the company would initiate appropriate proceedings under the Public Premises Act.
The company informed the Court that out of the 1,800 employees, 70 percent had voluntarily executed the undertaking and around 300 occupants also vacated the premises after that. So the issue was limited to the remaining occupants.
On merits of the case, the company had two fold submission.
Primarily, it contended that the writ petition was not maintainable as Air India was not “State” under Article 12 of the Constitution.
Secondly, it was argued that the petitioner-employees were only licensees who did not acquire any interest in the property.
Source: Barandbench
