Bombay High Court restrains Jet pilots from going on strike
By IANSTuesday, September 8, 2009
MUMBAI - A division bench of the Bombay High Court Tuesday restrained the National Aviators’ Guild (NAG), an organisation of pilots of Jet Airways, from going on an illegal strike.
In their ruling, Chief Justice Swatanter Kumar and Justice A.M. Khanwilkar said that the petitioner - Jet Airways - was providing a Public Utility Service.
Accordingly, the judges restrained the pilots’ union from resorting to an illegal strike which has already resulted in the cancellation of nearly 200 flights all over the country and inconvenienced over 20,000 passengers.
Jet Airways petitioned the high court for an order restraining the National Aviators’ Guild (NAG) and its members from resorting to any form of strike.
It placed before the court a letter from the Conciliatory Officer (dated Aug 27, 2009), making it obligatory for the union not to go on strike during the conciliation proceedings, and seven days after completion of conciliation proceedings.
While the conciliation proceedings continued, on Monday (Sep 7), the union withdrew its strike notice dated Aug 24.
The lawyers for the airlines contended that despite these proceedings and the management’s efforts to reconcile the issue of the termination of two pilots, the pilots proceeded on mass “sick leave”.
Accepting the airlines’ contention, the Bombay High Court passed the order barring any form of strike by the pilots.
The airline spokesperson said that as per directions of the Regional Labour Commissioner (RLC), the airline has been in a conciliation process with the pilots.
The RLC has categorically stated that any strike by the pilots during the pendency of the conciliation would be deemed as illegal under the Industrial Disputes Act.
A total of 163 captains and 198 first officers reported sick, disrupting the flight schedules all over the country and causing hardship to over 20,000 passengers.
The airline was forced to cancel 186 flights, including 32 international, though it said it made efforts to minimize passengers’ inconvenience by clubbing flights, accommodating them on alternate flights, rebooking, or offering full refund.
