DGCA Asserts Limited Authority in Pilot-Employer Dispute

DGCA Asserts Limited Authority in Pilot-Employer Dispute

VoM News Desk | September 25, 2023 | 03:46 PM IST | Breaking News, Travel | Follow on Google News

DGCA Asserts Limited Authority in Pilot-Employer Dispute

The Directorate General of Civil Aviation (DGCA) recently made a significant statement in the ongoing legal battle between Akasa Air and its resigned pilots. The aviation regulator clarified that it cannot meddle in the employment contracts between pilots and airlines, emphasizing the importance of adhering to its regulations.

Airline Seeks Coercive Action

Akasa Air, a fledgling airline, found itself in turmoil after 43 pilots abruptly resigned without fulfilling the mandatory notice period. Seeking recourse, the airline and its CEO, Vinay Dube, approached the Delhi High Court on September 14, urging the DGCA to take coercive action against these pilots for their perceived “irresponsible actions.”

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DGCA’s Hands Tied

The DGCA’s response, filed in the court, reinforced its inability to interfere in the employment agreements between airlines and pilots. It firmly stated that it lacks the authority to influence such matters, which fall within the purview of private contracts. The DGCA underlined that employment contracts between airlines and pilots contain mechanisms for pilot termination, which the DGCA cannot interfere with.

No Substantiated Reasons for Cancellations

Addressing Akasa Air’s claim of 600 flight cancellations since June due to pilot resignations, the DGCA denied having received any documents or reasons to support this assertion. It further clarified that cancellations often result from operational, commercial, technical, or weather-related issues. The regulator insisted that it ensures minimal passenger inconvenience during such disruptions.

Opposition from Pilot Guilds

In opposition to Akasa Air’s plea, the Indian Pilots Guild and Federation of Indian Pilots argued that the airline was engaging in forum shopping by filing multiple lawsuits. They also contested the airline’s assertion that pilot resignations were solely responsible for the flight cancellations, characterizing them as unsubstantiated claims. Additionally, both guilds asserted that the DGCA had no standing to dictate terms in private contracts.

Notice Period Requirements

The DGCA noted that the notice period requirements for pilots are outlined in the Civil Aviation Requirement (CAR) 2017. First officers (co-pilots) must serve a six-month notice period, while captains (pilots in command) are required to serve one year. These notice periods are currently under legal challenge in the high court, with the status of CAR being treated as executive instructions.

Airline’s Ongoing Struggles

Akasa Air, operating its inaugural commercial flight in August 2022, has faced turbulence due to the resignations of several pilots. The airline has sought the DGCA’s intervention to enforce the mandatory notice period requirements outlined in CAR 2017. It claims that the continuous illegal resignations have led to disruptions, affecting passengers and grounding flights.

In conclusion, the DGCA’s stance in this case underscores the importance of understanding the boundaries of its authority in employment disputes within the aviation industry. The legal battle between Akasa Air and its resigned pilots remains ongoing, with implications for the industry’s labor dynamics.

VoM News Desk

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