HC: Reinstate 41 AI pilots, give back wages

HC: Reinstate 41 AI pilots, give back wages

New Delhi:02.06.2021

The Delhi high court on Tuesday came to the rescue of 41 Air India (AI) pilots who were sacked by the company last year, as it quashed the national carrier’s decision and directed their reinstatement, reports Abhinav Garg.

Justice Jyoti Singh, in her order, also directed that back wages would have to be paid to the reinstated pilots along with their seniority. It, however, clarified that the payment of back wages will be as per rationalisation (reduction) of allowances of pilots carried by AI due to the impact of Covid-19 and also made it clear that extension of contract in the future, of those who are on contract, would be at the discretion of AI as per their performances.

HC had asked AI to take sympathetic view of situation

A detailed judgment would be available only on Wednesday. Appearing for some of the petitioners, advocates Keshav Sehgal and Gaurav Sethi had challenged the national carrier’s decision to terminate their services effective from August13 last year.

The pilots argued that there was a lack of decision-making by AI when they withdrew their resignations that had been submitted in 2019.

Citing the Civil Aviation Requirements (CAR) issued by the DGCA, the pilots were required to serve a mandatory six months’ notice period during which they withdrew their resignations in March 2020, Sehgal submitted. However, no decision was taken by AI on the withdrawal of these resignations, forcing them to move the HC. Even as the plea was pending, AI issued a letter on August13, 2020 illegally and retrospectively accepting their resignation, the petition contended, in violation of settled position of law.

In November last year, the HC had asked AI to take a sympathetic view of the situation and said the employees cannot be left high and dry.