Lack authority to intervene in employment agreements between pilots, Akasa Air: DGCA to Delhi court

The DGCA said that it can't interfere in employment contracts or decisions between airline operators and pilots and urged the court to dismiss the airline's petition with costs.

New Delhi: The aviation watchdog, Directorate General of Civil Aviation (DGCA), has informed the Delhi High Court that it lacks the authority to intervene in the employment agreements between pilots and airlines, in response to a plea by budget airline Akasa Air seeking action against those who left without serving their mandatory contractual notice period.

Last week, the airline moved the high court after over 40 pilots abandoned their duties and left without serving their mandatory contractual notice period. This, in turn, forced a disruption of flights between July and September, necessitating last minute cancellations that stranded customers and caused inconvenience to the travelling public.

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The DGCA said that it can’t interfere in employment contracts or decisions between airline operators and pilots and urged the court to dismiss the airline’s petition with costs.

The regulator also apprised the court that it noted that it had not received documents or reasons from Akasa Air regarding 600 flight cancellations due to pilot resignations and clarified that cancellations are typically attributed to operational, technical, commercial, or weather-related issues.

The DGCA added that it ensures passenger protection during significant disruptions, including pilot resignations.

The Indian Pilots Guild and Federation of Indian Pilots opposed the airline’s petition, accusing it of engaging in forum shopping and disputing the claim that 600 flight cancellations in August were solely due to pilot resignations. They argued that the DGCA has no standing to dictate contract terms between private parties.

The DGCA reiterated that notice periods are determined by employment agreements and fall outside its purview, emphasising that parties are free to establish notice periods based on mutual understanding.

The airline, which operated its first commercial flight on August 7, has been India’s most on-time airline with the lowest cancellation rates for the first 11 months of its operations.

Akasa Air had told the high court that it faces the necessity of cancelling a substantial number of flights, approximately 600-700, during the month of September. This predicament arises from the sudden resignation of 43 pilots who did not adhere to the stipulated notice period.

Despite being only 13 months old, the airline has opted for legal action against the departing pilots and is also pursuing compensation of around Rs 22 crore to account for the loss of revenue caused by grounded aircraft and flight cancellations.

However, Akasa Air clarified that its plea in court is not directed against the DGCA or the Ministry of Civil Aviation but seeks an urgent interpretation and clarification of the interim order issued in 2018 on mandatory notice period requirements for pilots.