Delhi High Court upholds single-judge decision to reinstate Air India pilots

A Division Bench of the Delhi High Court has upheld a single-judge order that set aside Air India's decision of terminating the services of the carrier’s pilots [Air India Limited v. Kanwardeep Singh Bamrah and Ors]..Justices Rajiv Shakdher and Talwant Singh held, “We find no good ground to disturb the final result arrived at by the single judge. We thus, dismiss the appeals.”The matter had reached the Court by way of a challenge by the pilots to the Air India orders accepting the resignations tendered by the pilots even after the same were withdrawn.The single-judge had ruled against Air India leading to the present appeal before the Division Bench by Air India.The Court noted that several pilots had approached the Court with applications, stating that they were no longer seeking reinstatement in service as they could not afford to be without a job and had, therefore, taken up other assignments..As a result only sought the payment of back-wages till the time they found alternate jobs.The Court thus held, “Aforesaid employees would not be reinstated but would be entitled to back wages for the period spanning between the date when their resignations were accepted and the date when they found alternate employment.”The Bench opined that Air India had failed to discharge the onus in its defence raised regarding financial constraints.“It has failed to cite any judicial precedent in support of its defence that would establish that the law concerning resignation, its withdrawal and acceptance is required to bear in mind the financial constraints of the employer,” it said..The judgment highlighted that: “Financial difficulty cannot be cited as a ground for frustration of a contract, and, therefore, the State or its instrumentalities such as AIL cannot refuse to perform their obligations by adverting to weak financial position, in defence of its actions.”The Bench was of the view that the state and its instrumentality were obliged to act as a model employer. It, therefore, cannot be seen to deprive the pilots of the right to serve the organisation, Air India Limited in this case, at a point in time when finding jobs in the private sector is a difficult proposition.“State and its instrumentalities are expected to look at myriad aspects and not just profits. Welfare of employees in times when jobs are difficult to come by should form a crucial ingredient of its decision making process. The State cannot be seen to cast off its social responsibility towards its employees and their families when it expects the private sector to bear that burden,” it added..The national air carrier had challenged the single-Judge’s order, which had asked for reinstatement of the pilots.It was Air India’s case that once a pilot tenders his/ her resignation, subsequent acts of acceptance of resignation or the acceptance of withdrawal of resignation or the U-turn made thereafter in accepting the resignation would not impact the legal position. It underlined that the employer-employee relationship came to an end the moment the resignation was tendered.The matter pertained to 38 pilots in respect of whom the judgment was passed. These pilots had at one point or the other tendered their resignations but the air carrier had refused to accept their subsequent request for withdrawal. The pilots before the High Court were permanent as well as those hired on contractual basis..[Read Judgment]