Relation between airline and pilots ends once resignation is submitted, Air India tells HC

NEW DELHI: Air India on Thursday told the Delhi high court that the legal employee-employer relationship between the airline and pilots ends once a resignation letter is submitted and pilots cannot later withdraw their resignations, prompting the judges to observe that this was a “dangerous” proposition and could backfire on the airline.

“This is a very dangerous path where Air India is treading. Suppose a pilot undertakes a flight and on the aircraft, there is a misdemeanour. He realises there may be disciplinary action and he resigns today… You will have to let him go today (without having to face disciplinary proceedings for the misdemeanour),” the bench of justices Rajiv Shakdher and Talwant Singh said.

The bench was hearing an appeal by the airline against the decision of the high court’s single-judge bench that quashed the airline’s decision to “terminate” services of 41 pilots who first resigned and later sought to withdraw their resignation.

The airline did not allow them to withdraw their resignation and the matter reached the high court.

On June 1, the high court ordered the airline to pay back wages to the 41 pilots, underlining that they will have to be paid on par with what in-service pilots were receiving and in accordance with the government rules.

Air India appealed against the decision.

Solicitor General Tushar Mehta, appearing for the airline, said there is no need for a formal acceptance of resignation by the national carrier, and that the provision requiring pilots to serve a six-month notice period post-resignation is only to avoid any hardship to the passengers.

“The moment you tender resignation, the de jure relationship ends…. resignation is only given de facto prospective effect (after six months) so that the passengers are not left in a lurch…. law requires me to continue de facto (as a matter of fact) as a mandate. But resignation takes effect today,” the government’s second senior-most law officer contended.

“A resignation is a resignation. There is no potential resignation or conditional resignation in service law,” he said.

Mehta said there was no need for resignations to be accepted in cases of “no-inquiry resignations” where the pilot would be given a no-objection certificate.

The court adjourned the hearing till August 27 and sought a two-page submission from the parties along with a chart on the details of specific instances before it. Air India has challenged the June 1 order of the single judge which had also ordered that back wages would have to be paid to the reinstated pilots.

The single judge had said that the back wages, including allowances, have to be paid at par with what in-service pilots were receiving and in accordance with the government rules.

A resignation is a resignation. There is no potential resignation or conditional resignation in service law.

TUSHAR MEHTA, Solicitor General, representing Air India