Delhi High Court Empowers DGCA to Take Action Against Non-Compliant Pilots
In a significant development, the Delhi High Court has granted the Directorate General of Civil Aviation (DGCA) the authority to take action against pilots who fail to comply with regulations. This decision came in response to a plea filed by Akasa Air, requesting the DGCA’s involvement in addressing pilots who left their positions without fulfilling their contractual obligations.
Before any specific directions are given in this case, the single-judge Bench emphasized the need to consider the matter of jurisdiction. The next hearing is scheduled for October 13, where further discussions will be held.
Previously, the DGCA stated that it did not possess the authority to intervene in employment agreements between pilots and airlines. However, Akasa Air initiated legal action to seek consequences against pilots who departed without honoring the mandatory notice periods stated in their contracts.
This legal action follows the departure of 43 pilots from the airline, causing disruptions in flights from July to September and resulting in last-minute cancellations. The airline estimates losses of up to ₹22 crore due to training expenses, operational issues, and reputational damage caused by these pilots.
Meanwhile, the Bombay High Court has granted Akasa Air permission to proceed with its suits against five pilots who also left without serving the stipulated six-month notice period. The pilots had initially contested the maintainability of the suit, arguing that the Bombay High Court lacked jurisdiction since the cause of action did not occur in Mumbai. However, the court rejected their plea. The hearing for this matter is scheduled for October 5.
It is crucial to note that this interim order from the Delhi High Court grants the DGCA the power to enforce action against non-compliant pilots. This development serves as a significant step in addressing concerns related to contract breaches by pilots in the aviation industry.
The decision may have wider implications for the sector, highlighting the need for greater oversight and regulation to ensure the smooth functioning of airlines and the protection of contractual obligations. By establishing clear guidelines and consequences, both airlines and pilots can maintain a more stable and reliable aviation industry, benefiting passengers and stakeholders alike.
As the case progresses and further hearings are conducted, the Delhi High Court is expected to provide more clarity on the jurisdictional aspects surrounding issues related to non-compliant pilots. The final outcome of the case will determine the extent of the DGCA’s authority and its role in enforcing compliance within the aviation sector.
In conclusion, the Delhi High Court’s recent ruling empowering the DGCA to take action against non-compliant pilots marks a significant development in addressing contract breaches in the industry. With the court’s decision granting the DGCA jurisdiction, there is hope for increased accountability and adherence to contractual obligations, ultimately benefiting both airlines and passengers.
