Former Akasa pilots challenge maintainability of lawsuits filed by airline

Former pilots of Akasa Air have contested the validity of lawsuits filed against them in the Bombay High Court for not meeting their contractual notice period obligations. The pilots contend that since their employment contracts were signed in Delhi, the case should fall under the jurisdiction of the Delhi High Court, as per media reports.

In contrast, Akasa points to a specific clause in the employment contracts stating that in the event of a dispute, the matter would be decided by the Bombay High Court. According to Indian law, the court under whose jurisdiction a contract was executed is empowered to handle contractual disputes, although this jurisdiction can change if both parties agree.

Also Read: Akasa Air files court case against 40 pilots for not serving notice period

 

The airline refrained from commenting further on the ongoing case, stating that it is sub judice. However, Akasa confirmed that they had initiated legal proceedings against a small group of pilots who had failed to serve their mandatory notice periods. "Their actions were not only in breach of their contracts but also against the country's civil aviation regulations. This has led to a wave of flight disruptions between July and September, stranding our customers," the airline said in a response to a Business Standard query.

Akasa has approached the Bombay High Court, seeking an urgent stay against the pilots who left without serving their obligatory notice periods, resulting in the cancellation of 600 flights in August alone. The airline mandates a six-month notice period for first officers and a one-year period for captains.

Also Read: Akasa Air widens gap with SpiceJet in domestic passenger market share

"All we ask is that pilots fulfil their contractual and legal notice periods. Failure to do so causes significant public inconvenience," the airline stated. Akasa's market share fell from 5.2 per cent in July to 4.2 per cent in August, according to Directorate General of Civil Aviation (DGCA) data, due to these disruptions.

The airline is now seeking substantial compensation from each pilot, amounting to crores of rupees, citing "operational losses" and reputational damage from the cancellations.

In a related development, Akasa Air's legal team informed the Delhi High Court that training replacement pilots is a lengthy process, taking approximately seven to eight months.