Airlines
Akasa Air vs. Pilots: Delhi High Court Upholds DGCA’s Authority to Act in Case of Contractual Breaches
The Directorate General of Civil Aviation (DGCA) is authorized to take action against pilots who violate civil aviation rules (CAR), the Delhi High Court ruled on Wednesday.
Akasa Air initiated legal action against pilots who had quit their jobs without giving the required notice by their contracts. In response to a request from the startup airline, which claimed it was in a crisis as a result of the sudden and abrupt resignation of 43 pilots who left the airline without providing the required notice period, the civil aviation regulator submitted written responses.
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However, the Court ruled that it is now unable to give any explicit instructions to the DGCA and MCA regarding how to respond to a future representation that Akasa might make against defaulting pilots.
The court made it clear that there are no limitations on the DGCA’s power to take action in situations of pilot noncompliance in an interim judgment that offers relief to Akasa Air. The airline firm maintained that it is merely requesting a directive to the DGCA to decide their (Akasa’s) claims against pilots who may depart the airline in the future without serving the notice period, not that it is pressing for any action against the pilots who have already quit.
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The DGCA had stated that it lacked the power or authority to intervene in any employment contract and therefore was unable to affect the employment contract between the pilots and Akasa Air.
The aviation authority said that if Akasa Air doesn’t have enough pilots to continue operating flights, it would be in the interests of all parties if it complies with the requirement to keep a limited schedule.
