Delhi HC defers Akasa Air's plea against DGCA to March 2024

According to the interim order, if any pilot resigns during the pendency of the case without serving the requisite notice period then it will be at the own risk since the case is pending.

The Delhi High Court on October 13 deferred the hearing of low-cost airline Akasa Air's plea against the Director General of Civil Aviation (DGCA) over pilot resignations to March 12, 2024.

The plea was listed before Justice Manmeet Pritam Singh Arora for further consideration. However, since the judge was sitting on a division bench in the morning, cases listed before the bench were adjourned at the request of both parties.

Akasa's plea was adjourned to March 12 by the court.

On September 27, the Delhi High Court ruled that the DGCA has the power to act against pilots and airlines who fail to comply with Civil Aviation Requirements (CAR).

However, the interim order notes that DGCA cannot be directed to take action against future resignations since Akasa's case is still under consideration.

According to the interim order, if any pilot resigns during the pendency of the case without serving the requisite notice period then it will be at the own risk since the case is pending.

Akasa Air had moved the Delhi HC against the DGCA to take action against pilots who failed to comply with the mandatory notice period requirements in terms of the CAR 2017.

The airline contended that it has not been able to protect itself and the public from the "reckless and irresponsible" actions of some pilots. The plea said the airline officials met DGCA representatives several times to explain their difficulties but failed to receive any response or assurance from the authorities, after which it gave a representation to the Minister of Civil Aviation. But no action appears to have been taken.

As a result of the pilots' actions, immense difficulty and inconvenience have been caused to the public in as much as there have been numerous cases of last-minute flight cancellations, delays and grounding of flights, it said.

Responding to the airline's allegation, the DGCA told the Delhi High Court that it cannot interfere in the employment agreement between pilots and Akasa Air, which has sought action against pilots who have resigned without serving the notice period.

The DGCA said it would be in the interest of the parties that the petitioner airline, Akasa Air, complies with the mandate of the aviation regulator to maintain a limited schedule if it does not have the necessary number of pilots to continue flight operations