The Directorate General of Civil Aviation (DGCA) has said that it would not interfere in the dispute between the youngest Indian airline, Akasa Air and their Pilots. The DGCA has communicated its refusal to interfere, to the High Court of Delhi. This comes in the wake of Akasa Air seeking action against the pilots who left the airline without serving the notice period after resignation.
In its written submission, the civil aviation regulator said that it could not interfere in the agreement of employment between Akasa Air and the pilots. It further said that, it would be in the interest of the parties, that the airline complies with the mandate of DGCA in maintaining a limited schedule, if the airline did not have the necessary number of pilots to continue the flight operations, reported the NDTV.
The written submission was from the DGCA, as the airline had filed a petition at the Delhi High Court on September 14, citing the crisis it was undergoing, after the abrupt exodus of 43 pilots without serving the notice period which was mandatory. In the petition, the airline had asked for direction to the DGCA, to initiate coercive action upon the pilots for their irresponsible act. On September 19, Justice Manmeet Pritam Singh Arora reserved the order on the airline”s appeal and had asked the parties involved to file a written submission.
DGCA clarified, “the DGCA cannot interfere in the employment agreement between airline and the pilot which itself contains the mechanism of termination of pilots…,”, it said, along with urging the court to dismiss the petition with costs, reported NDTV. On the airline’s claim that 600 flights had been cancelled since June, due to the resignation of the pilots, the DGCA denied that the airline has given documents or reasons for this to the regulator. Further, it said that 1.17 percent of flights of the airline were cancelled in August, 2023 as per the details submitted by the airline. The DGCA maintained that in the event of cancellations, owing to any reason, including the resignation of pilots, minimal passenger inconvenience and appropriate protection was ensured by the regulator.
In their written submission, the Indian Pilots Guild and Federation opposed the Akasa Airline’s petition, saying that it was engaging in forum shopping practice, seeking a favourable ruling. This the federation said, pointing that already a suit was filed against the pilots at the High Court of Bombay.
The airline’s failure to attribute the cancellation of 600 flights in August to the exodus of the pilots was also pointed out by the federation, which it said should be taken in as ‘unsubstantiated bald averments,’ reported NDTV. The federation further said that the petition forwarded by the airline should be rejected as the DGCA has no authority to interfere between the contract of two private parties.