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A section of Air India pilots are on a go slow agitation to protest government move "removing" them from workmen category and proposed changes in salary structure. The agitation led to seven flights getting delayed from Delhi and Mumbai airports today.
The commander pilots are protesting a clarification issued by the labour ministry on Tuesday which excludes them from the 'workmen' category of the Industrial Disputes Act.
With this move, a commanders can no longer be part of a trade union, their service conditions (including salaries) can be changed without prior notice and they won't be able to raise a dispute against the employer.
With this move, a commanders can no longer be part of a trade union, their service conditions (including salaries) can be changed without prior notice and they won't be able to raise a dispute against the employer.
The other bone of contention are proposed changes in salaries. With a view to harmonise salaries of wide body and narrow body pilots (of erstwhile Indian Airlines) management has proposed cuts in salaries of wide body pilots. At present the difference in emoluments of pilots of the two fleets varies from Rs 50,000-Rs 1,50,000. The go slow agitation is due to both these reasons, an airline source said.
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"By summarily removing the pilots from the definition of workmen, the government clarification has in one stroke deprived the pilots of all the industrial and labour rights arising out of core labour laws such as Industrial Disputes Act and Standing Orders Act. They are left to the mercy of market forces," said K R Shyam Sundar, professor (human resource management), XLRI.
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"By summarily removing the pilots from the definition of workmen, the government clarification has in one stroke deprived the pilots of all the industrial and labour rights arising out of core labour laws such as Industrial Disputes Act and Standing Orders Act. They are left to the mercy of market forces," said K R Shyam Sundar, professor (human resource management), XLRI.
According to the notification issued by Air India on Thursday, the "responsibilities of 'pilot in command' are of managerial and administrative nature which may not fall in the definition of the "workman" under Section 2(s) of the Industrial Disputes Act 1947." AI said this was a clarification given by the labour ministry.
All the proceedings in the Industrial Disputes Act - whether forming unions, raising a dispute or filing an appeal to the labour commissioner or an industrial tribunal - are applicable to those who are defined as "workmen." But the rule doesn't apply to employees with managerial or administrative powers.
"The Aircraft Act 1934 clearly states the role of pilot in command and if one looks into it, their job is clearly managerial or administrative in nature," said an AI official, on conditions of anonymity.
The national carrier has 650 commander pilots and another 550 co-pilots, the official added. "A sensible management will never really tinkle too much with the service conditions of the workers. It will always keep market conditions in mind," the source said.
However, labour lawyers said merely issuing a clarification won't work and the Union government will have to bring changes to the law.
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"Either the government will have to amend the Industrial Disputes Act or a court will have to rule that commanders do not fall in category of workman. The wording in this notification suggests the government is not sure itself. The management wants to remove pilots from workmen category so that it can change their service conditions and reduce salaries without giving notice as it is required now under Industrial Disputes Act," said a labour lawyer.
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"Either the government will have to amend the Industrial Disputes Act or a court will have to rule that commanders do not fall in category of workman. The wording in this notification suggests the government is not sure itself. The management wants to remove pilots from workmen category so that it can change their service conditions and reduce salaries without giving notice as it is required now under Industrial Disputes Act," said a labour lawyer.
"The opinion of government has no force in law. Law is made by parliament and interpreted by courts and government only has to implement it," another lawyer remarked.
A labour ministry official said only a clarification will be issued and the opinion of the law ministry was sought before taking the step.
In another significant move, Air India has asked the government to issue a notification to exempt Air India employees from Section 9A of the Industrial Disputes Act. The provision mandates an organisation to issue a 21 days' notice before changing conditions such as wages, hours of work, leave or technological change.
While employees can continue to remain workmen, the law allows for exemption under section 9A and this requires notifying service regulations of an organisation in a government gazette notification . Infact the Maharashtra government had in 1960 issued notification exempting Air India employees from section 9A of the Act.
However last year Bombay High Court ruled that section 9A Industrial Disputes Act was applicable to Air India employees.
Labour experts said the move is significant as AI wants to ensure they are empowered with changing the working conditions of the pilots without issuing a notice. "The airline just wants to make sure that if the pilots approach the courts protesting this clarification and the courts issue a stay, an exemption under this provision will come as a relief for the organisation," Sundar said.
