The Delhi High Court has clarified that the Directorate General of Civil Aviation (DGCA) holds the authority to act against pilots who breach their contract, specifically in relation to the mandatory notice period before resignation. This decision came in response to a plea by budget airline Akasa Air, which faced the resignation of 43 of its pilots without the stipulated 6-month notice period.
Justice Manmeet Pritam Singh observed,
“In case of non-compliance of the contract, the Civil Aviation Rules, 2017 become operative and thus, DGCA can act in accordance with the said Rules as well as the extant law against the party in breach.”
The court concurred with Akasa Air’s argument, emphasizing that neither the DGCA nor the Union Ministry of Civil Aviation is restrained from taking action in such scenarios.
Akasa Air’s plea sought clarity on two interim orders from 2018 and 2019, asserting that the protection granted by these orders to pilots is valid only if they adhere to the minimum contractual notice period. The airline argued that in instances of contract non-compliance, the interim orders become inoperative, allowing the DGCA and Union Government to initiate inquiries against defaulting pilots and take appropriate legal action.
Justice Arora, addressing the plea, stated,
“in the opinion of this Court, the said issue of jurisdiction would have to be decided finally before issuing a direction to Respondent Nos. 1 and 2 (DGCA and MCA) to consider and inquire upon a complaint received from the Petitioner.”
However, the court also clarified that any pilot who breaches the minimum contractual notice period during the petition’s pendency will do so at their own risk, with the action being subject to the petition’s outcome.
Akasa Air’s petition highlights the challenges faced by the airline due to abrupt pilot resignations, which have disrupted operations, leading to last-minute flight cancellations and rescheduling. The airline emphasized the cascading effect of such resignations, noting,
“With every such illegal resignation that is conveniently carried out by the pilots without consequence, other pilots are encouraged to follow the same course of action.”
The court has now scheduled the main petition for a hearing on October 13, directing the concerned authorities to submit their responses within two weeks.
Representing Akasa Air were Senior Advocate Amit Sibal and team, while the respondents were represented by Advocates Anjana Gosain, Avshreya Rudy, and Nippun Sharma. The Federation of Indian Pilots was represented by Advocates Awantika Manohar, Nilesh Sharma, and Dhawesh Pahuja, and the Indian Pilots Guild by Senior Advocate Vivek Kohli and team.
