NEW DELHI: Is fat fit? In certain circumstances, yes, the Delhi high court has said. In an important ruling, Justice Rajiv Shakdher has directed Indian Airlines to reinstate three air hostesses who had been dismissed for gaining weight.

“It is quite clear that Indian Airlines Ltd has not applied its mind to germane factors before taking a decision to terminate the petitioners’ services. The reasons given had no link with the conclusion reached which was to dispense with the services of the petitioners,” Justice Shakdher observed while ruling in favour of the three women.

HC directed IA to take back in service the women with full back wages and all consequential benefits, rejecting the argument of the airlines that contract for appointment itself made it clear that excess weight will lead to dismissal.

The women who had joined IA as airhostesses, were till their termination from service, deployed as ground staff. The airline dismissed them on the ground they failed to maintain weight within the prescribed limits.

On their part, the women didn’t seek redeployment as cabin crew but continuance of their present job as ground staff. They argued they were removed summarily without being given a chance to answer the allegations. They further pointed out that facts and circumstances in each of the three cases were different which is why they gained weight. For example one of the petitioners had a medical condition while another was being put to extreme stress by her estranged husband and in-laws.

Defending its decision IA maintained even if the women were medically fit, to continue with their services it could be terminated under the terms of the contract upon their failure to maintain weight as per prescribed limits. It added that indulgence over several years was granted to the women despite which, they were unable to bring their weight within the prescribed limit, leading to their dismissal. IA further argued that it is in travel industry where pleasing appearance, manners and physical fitness was required of members of both sexes.

But HC was not convinced, holding in essence that termination from service for employees who were not in active flight duties was too severe an act.