HC judge recuses from hearing pilots' plea against 1-year notice period rule of DGCA

A Delhi High Court judge today recused himself from hearing a plea challenging a DGCA decision which mandated that senior pilots have to serve a 12-month notice period before quitting an airline and shifting to another.

Justice Rajiv Shakdher said he cannot hear the matter and directed it be listed before another bench on May 23 subject to orders of the Acting Chief Justice of the high court.

He did not give any reason as to why he was recusing himself from the case.

The court was hearing a petition by the Indian Pilots Guild, representing senior Air India pilots who operate widebody aircraft.

 

An association of several private airlines, including the Spicejet and Indigo, have moved an application seeking to be impleaded as a party in the matter as they are also affected by the DGCA's decision.

The Jet Airways, represented through advocate Ramesh Singh, has also challenged the DGCA's rules on the issue.

The petition by the Indian Pilots Guild has challenged the Directorate General of Civil Aviation's (DGCA) rules announced on August 16 last year according to which pilots are now required to serve a notice period of at least one year in respect of commanders and six months in respect of co-pilots, to their employers.

The notice period, however, may be reduced if the air transport undertaking provides a no-objection certificate to a pilot and accepts his/her resignation earlier than the period stipulated in the amended rules, as per the amended Civil Aviation Requirement (CAR).

"During the notice period, neither the pilot shall refuse to undertake the flight duties assigned to him, nor shall the employer deprive the pilot of his legitimate rights and privileges with respect to the assignment of his duties," the DGCA had said on August 16, 2017.

The DGCA had mooted the proposal of one-year notice period in May last year after various domestic airlines, under the banner of Federation of Indian Airlines (FIA), had urged it to increase the notice period to one year arguing that they put in a lot of time and effort on training them.

Various domestic pilots' bodies had, however, opposed the proposal on the ground that it was "exploitative" as longer notice period would mean airlines can be "vindictive" to those quitting.