'Once a pilot resigns...': Air India's submission in Delhi high court

A 2-judge bench took up the national carrier's appeal against a single judge order quashing the termination of 40 pilots.

Air India on Thursday submitted in the Delhi high court that the once a pilot resigns, the legal employer-employee relationship “comes to end,” adding that the resignation “cannot be withdrawn subsequently,” according to news agency PTI. The national carrier made these submissions as a 2-judge high court bench took up its appeal against a single judge order quashing the its termination of 40 pilots, including both permanent and contractual, and directing it to reinstate them.

An Air India passenger plane (Image used only for representation)

The pilots’ services were terminated last year owing to the commercial slowdown due to the Covid-19 induced lockdown, during which both domestic and international services were suspended. While domestic services resumed in May last year, international flight operations remain suspended.

Appearing for Air India, Solicitor General Tushar Mehta argued that the airline does not need to formally accept a resignation under the current laws, adding that the six-month-long post-resignation notice period is to ensure that there is no hardship to the passengers. “The moment you resign, the de jure relationship ends. Resignation is given de facto prospective effect after six months to ensure that the passengers are not left in a lurch. As a mandate, the law requires me to continue de facto. The resignation, however, takes effect today,” Mehta argued.

The original petitioners, the Solicitor General said, were offered “a better job and better prospect with a private airline,” adding that what needs to be determined is the “consequence of change of mind,” following the submission of the resignation letter. “A resignation letter is a resignation letter. The service law does not have any such things as a potential or conditional resignation,” Mehta further said.

However, the bench, comprising Justice Rajiv Shakdher and Justice Talwant Singh, termed Air India’s move as a “unilateral resignation.” The national carrier, it remarked, was treading a “dangerous path.”

On June 1, Justice Jyoti Singh had quashed the pilots’ termination, asking Air India to reinstate them, and pay them their back wages. The terminated pilots had initially approached the high court in July 2020 against non-acceptance of the withdrawal of their resignations. However, on August 13, they were issued termination letters by the airline.

The pilots had initially quit due to a delay in disbursing of their pay and allowances but subsequently withdrew their resignations.