S C ADHIKARI CAPT Vs. AIR INDIA

JUDGEMENT

(1.) THE petitioners herein, 14 in number, are pilots of the 1995-96 batch, holding Air-Lines Transport Pilot Licence (hereinafter referred to as ALTP Licence ). They joined the respondent No. 1 Company (Air India) in the year 1996-97 along with other trainee pilots holding Commercial Pilot Licence (hereinafter referred to as the CPL ). In this writ petition, the petitioners have challenged only Clause 7 (c) of the settlement brought about in the course of conciliation between the employer, respondent No. 1, (Air India) and respondent No. 2, Indian Pilots Guild, representing the pilots of respondent No. 1, who are workmen within the meaning of the Industrial Disputes Act. The aforesaid settlement arrived at in the course of conciliation proceedings on 3rd January, 1998 deals with a variety of subjects and a mere perusal of the said settlement would disclose that large number of disputes, touching the various issues, were settled. Clauses 7 (c) and (d) of this tripartite settlement provide as follows :-

(2.) THE issue pressed by Mr. Tulsi, Senior Advocate, in this writ petition is that the terms of the tripartite settlement dated 3rd January, 1998 insofar as it deletes Clause 3 (c) of Schedule II of the Memorandum of Settlement dated July, 21, 1989 is bad as being arbitrary and unreasonable since it deprives the petitioner of their vested right of seniority based on higher technical qualification. It may also be noticed, at this stage, that the settlement dated 3rd January, 1998 determines the seniority of trainee pilots/co-pilots only as a one time exercise as indicated in the seniority list contained in Exhibit D to the said Memorandum of Settlement, which is not to be cited as a precedent in future. The said seniority list, as prepared by respondent No. 2-Guild, has been accepted by the management of Air India and incorporated in the Memorandum of Settlement dated 3rd January, 1998. The seniority list has been prepared by the Indian Pilots Guild itself, and not by the management of Air India. Of course, the seniority list has been described as a one time exercise, not to be cited as a precedent in future.

(3.) THE case of the petitioners is that ALTP licence is the highest category of Commercial Pilot Licence, since it is granted only after a pilot has flying experience of 1500 hours of which 500 hours must be in command. On the other hand, for acquiring the CPL, the flying hours required is only 250 hours with 150 hours in command. The Senior Commercial Pilot Licence (SCPL) is granted to pilots who complete 750 flying hours with 200 hours in command of aircraft upto 21000 kgs. weight. So far as ALTP Licence is concerned, there is no limit on the weight and type of aircraft.