It upheld a Single Bench order deeming the Indian Pilots' Guild members' strike illegal
Upholding a Single Bench order allowing a plea by the Air India management that the strike by the pilots belonging to the Indian Pilots' Guild (IPG) was illegal, the Delhi High Court on Thursday dismissed an appeal by the IPG against the order.
The Court had allowed AI's plea in respect to its argument that the pilots had gone on strike without serving a prior notice to the management as per the Industrial Disputes Act.
Dismissing the appeal, the Division Bench said: “In this case, we have no doubt that the members of the appellant are and continue to be in violation of the order of the learned Single Judge.
“Since we are not entertaining the appeal and the order of the learned Single Judge stands, the members of the appellant would be well advised to comply with the orders… failing which it would be open to the Judge pending decision on the interlocutory application to proceed under the Contempt of Courts Act, 1971, the provisions of Order 39 rule 2A of the Code and the attendant powers which the court has under the Constitution of India, as a court of record, against the members of the appellant.
“The appellant, however, is at liberty to approach the learned Single Judge to vacate, modify or vary the impugned order,” the Bench said.
A labour dispute: pilots
The IPG had challenged the Single Bench order, arguing that the disputes between the management and the pilots were a labour dispute and that therefore, only a labour court could hear it.
The guild had also challenged the territorial jurisdiction of the Delhi High Court, submitting that the guild's address given in AI's suit was of Mumbai.
But the Bench dismissed both arguments.
The Single Bench had restrained the pilots from continuing with the “illegal strike and/or reporting sick and/or staging demonstrations, dharnas, gheraos etc. inside and outside the premises of the plaintiff-company located at the airports, terminals, head offices and all other offices of the plaintiff-company, including the residence of the officers of the plaintiff-company.”
Air India should now move the court to procure a 1 year revocation of
flying license to these errant pilots. The pilots should in turn move the court to prove any discrimination on the whole 787 training issue to nail AI.
The pilots have scant regard for law or customer service and AI has scant regard for sound management principles. Both needs to be sent to the gallows. I hope this whole episode pushes to government to get out of services business including MTNL and BSNL.
They can take all the legal opinions they want. Mr Ahwad has
overplayed his hand, and his latest desperate attempt at trying to
impart a religious/communal spin on the IPL's tenuous wicket will be
greeted with scorn and contempt by both the Ministry of Aviation and
the Indian judiciary. The errant pilots who have struck work on
flippant grounds have caused untold hardship to passengers, have
rightly been found guilty of contempt by the Hon'ble High Court, and
enjoy zero sympathy from common Indians. None of the sacked pilots
should be re-instated. Stern action must be taken in order to set an
example. We are with you, Ajit Singhji!
Would the govt. please take a tough and action and not take back any of these high-headed pilot/s under any condition? They are behaving in a authoritative and a autocratic manner. This should not be tolerable under any circumstances.
Court has already said that your (IPG ) strike is illegal. Then why you are seeking an openion of legal experts. I feel that your strike is unreasonable and untimely. Your action leads the sacking of your 71 members. You caused the wrath of tousands of travellers who stranded in different airports.Do you think about how much crores AI losing everyday and how the management will cope with that ?
If you are not ready to end strike, Please ask all your members to resign the job an allow the management to recruit and fill the gap.Plenty of unemployed pilotes available in Inda and abroad.
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