New Delhi: Keeping a handle bar moustache in violation of service rules could prove costly, as an Air India employee Joynath Victor De on Tuesday learnt it the hard way, with the Supreme Court upholding his termination for refusing to trim his hairy asset!
"If it is your family custom, keep it within the family. But when you have joined an organisation you have to to follow the rules," a bench of Justices R V Raveendran and Markandeya Katju quipped, dismissing Victor De's petition challenging his termination by the public sector airlines authorities.
Victor had taken the plea that he has every right to sport a moustache of his choice and it was his "family's custom and spiritual belief."
According to the operation manual of the Aircraft rules, 1937, "the cabin crew should be clean shaven (except Sikhs) with neatly trimmed moustache not beyond the upper lip."
However, Victor continued to sport a long moustache.
The employee, who was working as Assistant Manager Flight Services, was dismissed from service in September 2000 at the age of 55 years after he refused to trim his "handle bar" moustache despite several official directives and had even moved the Calcutta High Court.
Aggrieved by the High Court's decision, Victor filed an appeal in the apex court.
The apex court rejected counsel Sanjiv Sen's argument that Victor De cannot be discriminated against by the national carrier as the operation manuals of the Aircraft Act 1953 permitted the members of the Sikh community to sport beards and moustache.
"For the Sikhs sporting a moustache or beard is an indispensable part of his religion. But not for you," the bench observed.
The bench said the airline has every right to insist that the flight crew follow certain etiquette and dress code for presenting a smart appearance before the passengers in the aircraft.
According to the apex court, even hostesses are not permitted to leave open their plait lest hair find their way into the food and beverages served to passengers.
"There is nothing wrong in such rules otherwise some hairs might even fall on the food served to the passengers," the bench said.
The apex court also said sporting a long moustache could intimidate children travelling in the aircraft.
"There is also a feeling of children being apprehensive of the person," the apex court said.
However, the bench said Victor would be entitled to all retirement benefits.
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