New Delhi, 29 October
Air India on Friday opposed the reinstatement of over 40 pilots and payment of past salaries before the Delhi High Court, saying unless the resignation is specifically made probable, it is effective immediately and a pilot may allow it. Won’t give it until I can take it. Back.
“Unless otherwise specified, the resignation is effective immediately. There is no ability to withdraw (along with the pilots) on the ground that Solicitor General Tushar Mehta, representing Air India, referred a bench headed by Justice Rajiv Shakdher. Told No. I am still serving the notice period.
The bench, also comprising Justice Talwant Singh, reserved its order on a batch of appeals by Air India against the single judge’s order directing the permanent and contractual termination of the services of several pilots and their reinstatement. The carrier’s decision was rescinded.
In its June 1 order, the single judge had said that the past salary including allowances is to be paid at par with the pilots in service and as per government rules.
The Solicitor General said there is no such “notice period” within which pilots can be said to have the right to withdraw their resignations.
He said that once resigned, a pilot would have to continue working for six months in terms of civil aviation requirements in the public interest.
“The law stipulates that the resignation is effective when you tender it. The public interest only comes into play for six months. Although the relationship breaks down, he has to work six months. A pilot coach has to work for six months.” Huge amount is spent in training. You cannot say that I will not come from tomorrow.’
The Solicitor General also said that the service conditions for pilots are industry-specific and need not apply even to ground staff.
Earlier, the pilots had argued that Air India’s stand could not be accepted as the resignation was probable, which comes into force after the mandatory six-month notice period.
It was pointed out that in the present batch of appeals before the court in some cases, the withdrawal of resignation was also accepted by Air India.
The pilots had moved the High Court after Air India refused to withdraw their resignations and terminated their employment. -PTI