NEW DELHI: The Bombay High Court on Wednesday allowed Akasa Air to proceed with its case against pilots in Mumbai while the Delhi High Court said aviation regulator Directorate General of Civil Aviation (DGCA) has the authority to take action against pilots who do not comply with civil aviation requirements (CAR).
The 13-month-old Akasa’s operations met with a major blow after more than 40 pilots resigned in quick succession without serving the mandatory notice period. The airline has approached the Bombay High Court to seek a fine from a section of pilots.
In the Delhi High Court, the airline is seeking the intervention of DGCA against its former pilots.A bench led by Justice SM Modak noted that Akasa may continue its lawsuit in Mumbai against five pilots who resigned without serving their mandatory notice period with the airline. The pilots’ side contested the court’s jurisdiction and said that their contracts were neither executed nor performed in Mumbai.
“Sending a resignation through email cannot be sufficient. Ultimately, the company has to take a call on that. Either company may refuse to accept the resignation, may accept it conditionally, or may accept it for a future date. If these options are available to the employer and these options can be exercised only when the email is received, part of the cause of action has arisen in Mumbai,” noted the Bombay High Court.
The court posted the matter to be heard next on October 4, 2023. Akasa is seeking Rs 21 crores each in damage from 5 former pilots as well as an additional Rs 18 lakhs for breach of contract. The Delhi High Court in a hearing clarified that there are no restrictions on the DGCA’s ability to take action in cases of non-compliance by pilots.
The aviation regulator, DGCA, had earlier said it lacked the authority to intervene in the employment agreements between pilots and airlines. Akasa has taken 43 pilots to court for leaving the company without serving a mandatory six-month notice period.