Date:17/06/2006 URL: http://www.thehindu.com/2006/06/17/stories/2006061719290500.htm

Tamil Nadu - Chennai

Notice period for pilots not unreasonable, says court

Special Correspondent

DGCA circular on 6 months notice before resigning upheld

Fundamental rights not violated by stipulation

Regulation needed in view of growth of sector, demand for crew

CHENNAI: A Directorate-General of Civil Aviation (DGCA) circular, stipulating that commercial pilots working for air transport undertakings must give at least six months notice if they intend to leave the job, has been upheld by the Madras High Court.

Justice Elipe Dharma Rao, dismissing a writ petition filed by the Indian Commercial Pilots Association (ICPA), said, "Considering the nature of service of pilots, the training process and the number of trained and experienced pilots available in the market, the notice period of six months cannot, by any stretch of imagination, be termed as unreasonable."

The ICPA challenged the Civil Aviation Requirement (CAR) dated September 1, 2005, issued by the DGCA and sought to quash the stipulation on the ground that if a pilot was forced to work for an airliner against his wishes till the expiry of six-month notice period it could result in mental stress. The pilot may not be in a proper frame of mind to undertake flights, thereby endangering the safety of passengers, it argued.

G.E. Vahanvati, Solicitor-General of India, however, submitted that pilots were governed by service regulations that no employee shall resign without giving six months notice in writing. The validity of the regulation was upheld by the Supreme Court.