Mumbai: The Bombay High Court has refused to grant any relief to the pilots’ unions, who had challenged a Directorate General of Civil Aviation (DGCA) proposal to extend the notice period for quitting service from the current six months to a year.
A Division Bench of Justices SM Kemkar and MS Sonak noted the DGCA’s statement that the proposal was at a nascent stage and therefore, the petitions were premature. The proposed amendment would be finalised only after considering the objections and suggestions of the parties concerned, the aviation regulator told the court following which, the court on June 20 dismissed the petitions filed by the Indian Pilots’ Guild and the National Aviators’ Guild.
“Since the amendment is only at the stage of consideration of objections and suggestions, which may or may not be approved...no interference is called for at this stage,” the court said. The pilots’ associations could file a fresh petition if the amendment came into effect, the Judges added.
The DGCA last month proposed to make a one-year notice period mandatory for commanders (pilots) if they wanted to quit. Currently, they have to serve a six-month notice period. The unions claimed that India was the only country where the notice or resignation period for pilots was decided by the government or its regulatory body and not the employer.
“The notice period...is ultimately a question of the employment contract and industrial law, and the (civil aviation) ministry should not have any role in it,” the petitions said.
The DGCA, while proposing longer notice periods, had claimed that the pilots were resigning “in groups”, without giving any notice period to the employer, which forced the airlines to cancel flights at the last minute.
