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By J. Venkatesan
A Bench comprising Justice Doraiswamy Raju and Justice D.M. Dharmadhikari thereby set aside a Bombay High Court judgment increasing the flying age of airhostesses from 50 to 58 years. The Bench observed that as the early retirement age of 50 years for female members was a service condition agreed to and incorporated in a binding agreement, the same could not be held to be violative of Articles 15 and 16 of the Constitution. "It is not a discrimination against females only on ground of sex," the Bench said. It noted that early retirement age for women from flying duties had been found favourable by a majority of airhostesses and option for ground duties given to them. "Air India is a travel industry. Pleasing appearance, manners and physical fitness are required for members of crew of both sexes. The airhostesses have agreed to the early retirement age." Therefore, the argument that airhostesses were made to retire at an earlier age than males because of their falling physical appearance and was a practice offending to the dignity of women could not be accepted, the Bench said and added that for services on board an aircraft, both male and female members of the crew were expected to be smart, alert and agile.
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