Delhi High Court Issues Notice in Request Moved by Air India Pilots Challenging their Dissolution/Termination

By Legal Wires 6 Minutes Read

The Delhi High Court has released a notice in a plea pushed by certain pilots of national carrier Air India challenging the dissolution of their services with impact from August 13.

The Delhi High Court has released a notice to Air India and sought its stance on a plea by several pilots demanding the national carrier’s decision to cease their services with effect from August 13. Notably, Air India had earlier stopped services of more than 40 other pilots. 

The Single Bench of Justice Jyoti Singh has released a notice to Air India, instructing it to file its response within 2 weeks.

The court also verbally asked the national carrier to keep on its hands concerning seeking the surrender of the identity cards & additional documents of the 4 pilots till Wednesday, when a prior batch of similar pleas by other Air India pilots are to be received. The earlier batch of pleas has been pushed by the pilots who had quit but had later revoked the resignations before the 6 month notice time was over.

Relocated by 4 pilots of Air India, the petition questions the decision of the national carrier to stop the services of pilots who had earlier submitted their resignation letters but later removed the same within the notice period of 6 months.

Despite the removal of the resignation letters, these pilots were dismissed from their services with an impact from August 13.

The fresh batch of petitions, lodged via advocate Ravi Raghunath, have been moved to contest the August 13 cessation letter. The court registered the latest batch of petitions for trial on September 17

Advocate Nilansh Gaur, appearing for the particular number of the pilots who had moved court earlier, said PTI that they too had recorded modification requests challenging the August 13 order & it would be overheard on Wednesday. In the requests filed through Gaur, the pilots have argued that they initially submitted their resignations over the delay by Air India in distributing pay & allowances.

They have also argued that neither was their notice phases diminished nor any no-objection certificate issued to them after acceptance of resignation. They have further argued that the resignations were later withdrawn, but Air India disagreed with the withdrawal

In the meantime, the national carrier has reported the Delhi High Court that it has fired the services of over 40 pilots who submitted resignations as replacements for them were engaged.

Air India, in its response, has said that it was now staggering under a debt of roughly Rs 30,000 crore & in addition to that, it has outstanding liabilities to numerous banks, lessors, vendors & package providers to the set of around Rs 11,000 crore.

Hence, the postponement in payment of salaries & allowances of pilots was not accomplished with any bad intention but was due to the airline’s uncertain financial condition, it has said in a document filed in the high court. The airline added said that due to the COVID-19 pandemic, its business functioning was greatly diminished, and almost its entire fleet was justified, and since the alternative pilots were already employed, it would have an overabundance of pilots if those who had quit are also kept on board.

It has said that under the current “exceptional circumstances,” recognition of the withdrawal of resignation would be against the public benefit. Concerning the pilot’s assertion that they maintained to operate during the notice period, the airline has stated that under the Civil Aviation Requirements (CAR), the pilots are obliged to perform their tasks during the pendency of notice period.

Earlier, Air India had ceased the services of 40 other, likewise situated pilots. The petition filed by other pilots is also awaiting before the Delhi High Court.

The Petitioners contend that they had previously submitted their resignation letters on account of constant delay caused by Air India in distributing their salaries and allowances.

However, they contended, neither was their notice period of 6 months reduced nor were they awarded any no objection permit by Air India.

Despite abandoning their resignation within the warning period, they submitted, Air India refused to accept their departure and instead chose to cease their services.

The court will, after that, take up this issue on September 17.

Legal Wires

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