Delhi HC dismisses Air India's plea challenging reinstatement of pilots
Dec 17, 2021
New Delhi [India], December 17 : A Division Bench of Delhi High Court on Friday dismissed Air India's petition challenging a single judge's order setting aside Air India's decision of terminating services of several pilots and ordering reinstatement of all pilots.
A bench of Justices Rajiv Shakdher and Talwant Singh in judgement stated that, "We find no good ground to disturb the final result arrived at by the single judge. We thus, dismiss the appeals."
Court also noted that, after the judgment was reserved, several pilots approached the Court with applications, which, in effect, stated that they were no longer seeking reinstatement in service. The reason given, broadly, was that they could not afford being without a job. Since the period of disengagement had continued for far too long, they had taken up other avenues of engagement that came their way and therefore, the only relief that they sought was, payment of back wages till such time they found alternate jobs.
The Court was hearing Air India appeal against the single-judge bench order. A single-judge bench order had earlier quashed Air India's decision passed on August 13, 2020, terminating services of several pilots. The Court also ordered the reinstatement of all pilots.
The Delhi High Court passed judgement on batch of petitions moved by several pilots challenging Air India's decision to terminate their service. The Court had also ordered that back wages would have to be paid to the reinstated pilots.
The petitioners' pilots have stated that "Issue a Writ of Certiorari, or any other Writ, order, or direction in the nature of a Writ of Certiorari, calling for the records comprised in the order dated August 13, 2020, and quash the same, and consequently direct the respondent to treat the petitioner as being in service with all consequential benefits."
Earlier, several pilots moved the court seeking directions to Air India not to accept their resignations as they have earlier resigned but later withdrawn it. The pilots in their pleas said they had initially tendered their resignations over delay in payment of salaries and allowances.
According to the basic background of the case, the pilots had, at one point or other, tendered their resignation, which they subsequently sought to withdraw. The withdrawal of resignations by pilots led to the emergence of myriad scenarios. In some cases, the request for withdrawal of resignation was rejected, while in others, the request made for the withdrawal of resignation was accepted. In certain cases, after Air India had accepted the request for withdrawal of resignation, it took a u-turn by accepting the resignation tendered by the pilot, before the request for withdrawal of resignation was made.
