INDIAN COMMERCIAL PILOTS ASSOCIATION Vs. AIR INDIA LTD.

JUDGEMENT

(1.) The petitioner herein is a Trade Union of pilots, comprising of the employees of the erstwhile Indian Airlines. Their battle, if one may say, is principally against with their employer-Air India, i.e., respondent no.1, and respondent no.3, which is the other Trade Union of pilots, representing the erstwhile Air India. Respondent no.2 is Union of India, which is being sued through Ministry of Civil Aviation (in short MOCA). The dispute, essentially involves assertion of right by the members of the petitioner association to fly advanced/ wide bodied aircrafts i.e., Boeing 777s (in short B-777). The dispute has been given a legalistic form, which is, broadly as follows:

(2.) In order to appreciate the contours of the dispute, one would have to briefly touch upon the facts which pre-date the merger of the two entities, i.e., erstwhile Indian Airlines and Air India.

(3.) According to ICPA, since the said exercise did not achieve the desired result; on 01.02.2011, an office order was circulated, which indicated that the Chairman and Managing Director (in short CMD) of then NACIL, was desirous of inviting applications from pilots having requisite command experience to fly B-777s. In terms of the said office order, Commanders with requisite experience on jet aircrafts could also volunteer for command on B-777. Pursuant to this office order, it is averred that 137 pilots belonging to erstwhile Indian Airlines filed their applications. Evidently, no action was taken qua the request of the said applicants.