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The bench of Justice R. Devdas of Karnataka High Court has held that since Air India is now a private company fully owned by Talace Private Limited, a writ petition under Article 226 is not maintainable against it. Court further held that grievances pertaining to the company must be redressed before an appropriate forum.

The above was observed in a case where petitioners had approached the Karnataka High Court in relation to an issue pertaining to 'seniority'. The central government had raised a preliminary objection stating that since Air India has been privatized and the entire shareholding of the company has been disinvested from the government, the employees of the company cannot approach the court under writ jurisdiction.

The high court order states that the centre has pointed from the judgment of Delhi High Court in Subramanian Swamy Vs Union of India that 100% of the shares from the government have been disinvested in favor of a private company called Talace Pvt. Ltd.

The order further notes that since the position of Air India has changed from being fully owned by the Government of India to a privately held company, writ petitions under article 226 of the constitution cannot be filed against the company, and the matter pertaining to seniority can be redressed by a competent authority. The court accordingly dismissed the writ petition.

Case title: Padmavathi Subramaiyan Vs Ministry of Civil Aviation