DGCA tells HC it cannot interfere in employment agreement between pilots, Akasa Air

DGCA informs Delhi HC it cannot interfere in employment agreement between Akasa Air and pilots; airline had moved HC seeking direction to regulator to act against pilots for "irresponsible actions"; Akasa Air claims 600 flights cancelled due to resignations; Indian Pilots Guild and Federation of Indian Pilots oppose plea; HC reserves order.

The Directorate General of Civil Aviation (DGCA) has informed the Delhi High Court that it cannot interfere in the employment agreement between pilots and newly launched budget carrier Akasa Air.

Akasa Air, which operated its first commercial flight between Mumbai and Ahmedabad on August 7, 2022, has said it was in a state of crisis following the sudden and abrupt resignation of 43 pilots who left without serving the mandatory notice period.

Akasa Air and its CEO Vinay Dube had on September 14 moved the High Court seeking a direction to the civil aviation regulator to act against these pilots for their “irresponsible actions”. The airline had claimed that the resignations of the pilots have led to cancellation of about 600 flights since June.

In response to a plea filed, the DGCA said it would be in the interest of the parties that Akasa Air, complies with the mandate of the aviation regulator to maintain a limited schedule if it does not have the necessary number of pilots to maintain flight operations.

In its written submission, the DGCA said, it “cannot interfere in the employment agreement between airline and the pilot which itself contains the mechanism of termination of pilots...”

“The data/records are maintained by respondent no. 1 (DGCA) for cancellation of flights along with the cited reasons which are primarily due to operational, commercial, technical or on account of weather, but no such information regarding the cancelled flights was communicated to respondent no. 1 as averred by the petitioner,” it said.

Meanwhile, the Indian Pilots Guild and Federation of Indian Pilots opposed the airline’s plea saying it was indulging in the practice of forum shopping by engaging multiple litigations as it has already filed a civil suit against the pilots in the Bombay High Court.