AIR INDIA LTD Vs. VISHAL CAPOOR

JUDGEMENT

(1.) Leave granted.

(2.) These appeals arise out of a dispute over the seniority of co-pilots employed by the first appellant, Air India Ltd. The contending parties are two groups of co-pilots, namely, the respondents 1 to 6 (referred to hereafter as the writ petitioners) and the respondents 7 to 12. The bone of contention is whether seniority as a co-pilot is to be calculated from the day a pilot gets an Air Lines Transport Pilot Licence (ALTP) or from the day the pilot enters the service of the first appellant with only a commercial pilots licence (CPL). The differences between an ALTP and CPL as provided in Schedule II of the Aircraft Rules 1937 are inter alia that an ALTP licence holder has at least 1500 hours of flying of which 500 hours is as a pilot-in-command. A CPL holder has to have 250 flying hours with 150 hours as a pilot-in-command. However apart from noting this, we do not propose to decide this dispute as the issue which actually arises for decision before us is much narrower. The question is whether the High Court by the order impugned in this appeal should have decided the contention itself or left it to the Industrial Tribunal to decide.

(3.) The first appellant is owned by the Government of India and provides international air transport services. Its aircrafts are operated by pilots in command (PIC) and co-pilots or first officers apart from other cock-pit crew. Co pilots fly under the supervision of commanders with 500 or more hours as PIC. It is common ground that unless a pilot has an ALTP licence, he cannot qualify as a PIC. According to the appellants the respondents 7 to 12 were entitled to seniority over the writ petitioners because they had obtained an ALTP prior to the writ petitioners. It is the appellants case (supra) that up till 1986 only ALTP holders were eligible for appointment as co-pilots with the first appellant. CPL holders were recruited for the first time as probationary co-pilots by the first appellant only from 1986. Their probation was to continue till they obtained the ALTP licence. If they failed to get an ALTP it resulted in termination of their employment.