Delhi HC Rejects Plea Challenging Reduction in Air India Pilots’ Allowances Amidst COVID-19

The Delhi HC has upheld the Centre’s decision to reduce allowances for Air India pilots during the COVID-19 pandemic in 2020, stating that the pilots, who were still earning significant amounts despite the cuts, cannot claim to be victims when many others in the country had lost their livelihoods. Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad, presiding over the division bench, acknowledged the nationwide lockdown in 2020, which led to the suspension of all aviation operations. They also noted that while pilots across various airlines lost their jobs, managed to avoid layoffs.

In the appeal filed by the Executive Pilots Association against the rejection of their plea by a single bench, the court dismissed the appeal, stating, “Even without the allowances, pilots still receive a salary package of Rs 6 to 7 lakh, which is significantly higher than what many others in the country earned after losing their entire livelihood during the pandemic. Therefore, they cannot complain about being victims of pay and allowance reductions.”

The appellant had challenged multiple orders issued by the aviation ministry in 2020, which mandated salary cuts for employees of the then government-owned Air India.

The court acknowledged that the authorities’ decision to implement a “proportionate reduction of the allowances across the board” was not arbitrary. It emphasized that this decision was made in order to safeguard the livelihoods of employees during an unprecedented situation.

According to the court’s order on July 3, the lockdown measures affected both employees and employers. Different industries and establishments varied in their financial capacity, and while some could bear the financial burden of wage payments, others might not be able to do so equally. The court emphasized the need to strike a balance between these competing claims, with the survival of the company being of paramount importance.

Air India layoffs

The court also took note of the fact that many pilots from various airlines had lost their jobs, but Air India had made efforts to avoid layoffs. It highlighted that the wage cut applied uniformly to both flying and non-flying pilots involved in the Vande Bharat Mission.

In recognizing Air India’s cash deficit of over Rs 250 crore, the court considered any decisions made by the government at that time as policy decisions aimed at keeping the airline operational.

The bench acknowledged that the courts do not govern and therefore stated that it is not within their jurisdiction to interfere with the contested Office Orders issued by the Respondents during the Covid-19 pandemic, given the unprecedented nature of the situation.

The court emphasized that it should not assume an executive role and make judgments on the merits of a policy formulated by sector experts.

The Executive Pilots Association had argued before the single judge that instead of recognizing the bravery and contribution of its member pilots in the Vande Bharat Missions, for which they received praise from the aviation minister, their allowances and flying hours were being reduced.

The government initiated the Vande Bharat Missions to repatriate Indians stranded abroad due to COVID-19 restrictions. The petition highlighted that the reduced allowances included flying allowances, executive flying allowances, special pay, wide-body allowance, domestic layover allowance, and high-altitude allowance, all of which specifically impacted pilots.

In the ruling issued on February 7, 2022, the single judge concluded that there was no evidence of discrimination and stated that there were justifiable reasons for reducing the allowances as implemented for pilots and engineers.

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