The Indian cabin crew of Lufthansa have emerged victorious as the Central Labour Court has instructed the German airline to reinstate the services of the “illegally terminated” cabin crew with full wages within a two-month period. This decision comes after Lufthansa terminated the contracts of over 103 cabin crew two years ago during the Covid-19 pandemic.
In 2021, it was reported that cabin crew members of Lufthansa had taken their employers to the Central Government Industrial Tribunal in New Delhi. On July 3, the tribunal ruled that Lufthansa had acted unlawfully by terminating the services of the claimants without seeking approval from the tribunal and without complying with the provisions of Section 25F & 25G of the Industrial Disputes Act.
The tribunal highlighted that Lufthansa’s actions were in direct violation of the provisions stated in Section 33(2)(b) of the Industrial Disputes Act. As a result, the claimants were deemed entitled to be reinstated with full back wages and continuity of service from the date their services were terminated.
Additionally, the tribunal directed Lufthansa to reinstate the complainants immediately and pay them their last drawn salary along with any arrears within two months from the date of the award’s publication. Failure to comply would result in interest being accrued at a rate of six per cent per annum, from the date of the challenged dismissal until the amount is paid in full.
In response to businessline’s query, a Lufthansa spokesperson said: "We have taken note of the court’s order. It is, however, too early to make a legal assessment of this order.”
Senior Advocate Mohan Bir Singh, who filed the petition on behalf of the cabin crew, stated that two separate cases were filed, involving 25 and 78 employees respectively. The current order has been passed in favour of the first batch. Singh emphasised that the airline has the choice to challenge this order by filing a writ petition in the High Court; however, it would still have to continue paying salaries to the affected employees.
The second matter is still pending, and a verdict is yet to be announced. The petitions were originally filed in December 2021. At that time, Lufthansa responded by expressing regret that it would not be extending the fixed-term employment contracts of its Delhi-based flight attendants. The airline claimed that it had reached an agreement with the Indian union that allowed for two years of unpaid leave, with Lufthansa providing local health insurance during this period. However, the union revoked its consent on December 31, leading to the termination of jobs for those who had agreed to the arrangement.
Also read: No out-of-court settlement: Lufthansa talks with laid-off India employees fail
In April of this year, Lufthansa announced the introduction of two new routes, Munich to Bengaluru and Frankfurt to Hyderabad. The airline has been gradually increasing its services to and from India, currently operating daily flights from Delhi to Frankfurt, Munich, and Zurich, as well as Mumbai to Frankfurt, Munich, and Zurich. Additionally, Lufthansa offers five flights per week from Chennai to Frankfurt.