In a decision that has created commotion within the national carrier, Air India dismissed 48 pilots who resigned last year but withdrew their resignations within the six months notice period time as per rules. The pilots were employed in flying the Airbus 320 fleet of the airline.

The withdrawal of resignations was accepted earlier only to be revoked suddenly on Thursday night. Their services have been terminated with immediate effect.

In the termination letters, Air India has cited financial constraints and the impact of Covid-19 on the commercial functioning of the company for the decision taken.

The letters state, “The current operations are a small fraction of pre-COVID level and is unlikely to increase in the near foreseeable future. The Company is incurring huge net losses and does not have the financial ability to pay.”

Some of the sacked pilots flew on Friday not knowing their services were terminated last night itself.

Indian Commercial Pilots` Association (ICPA) has now written a terse letter to Chairman & Managing Director of Air India, Rajiv Bansal, seeking "urgent intervention against illegal terminations of pilots".

"We have only recently written to you bringing to light the bias and excesses of the personnel department towards pilots. The ink is barely dry on that letter and the Personnel Department is once again running amok, breaking all rules and the Law of the land. Yesterday night, around 50 pilots have received illegal termination letters from Personnel Department in blatant violation of Company’s Operation Manual and service rules," the Pilots` body said.

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"Pilots who tendered their resignations as far back as July 2019 but later withdrew them well within the mandatory 6 months’ notice period have nevertheless been relieved from service suddenly starting from 10 p.m. last night. In fact the timely withdrawal has been acknowledged by the company in the termination letter dated 13.08.2020 which goes on to state `the earlier acceptance of the withdrawal of resignation by the company is dehors the law`. How is this justified?" it added.

The pilots who have been terminated had tendered their resignations (for not being paid salaries and allowances on time) as far back as July 2019, but then withdrew these resignations within the mandated six months notice period time. The withdrawal of these resignations was duly accepted too.

However, on Thursday night, the pilots` union claims, these 48 pilots, whose names India Today TV has in its possession, were shown the door by Air India suddenly after 10 pm.

In defence of the turn of events, Air India has cited a Supreme Court order of August 22, 2019, in the termination letters to pilots. The letter read, "The court while examining the notice period held that given the nature of pilots` job requiring long training periods and costs would fall in the exception and the general law on withdrawal of resignation would not apply to them. In view of the clear and unequivocal dicta of the Apex Court, the earlier acceptance of the withdrawal of resignation by the Company is dehors the law."

Shockingly, the ICPA in its letter to CMD Rajiv Bansal, that has been forwarded to Minister for Civil Aviation Hardeep Puri too, said that while the termination letters said the pilots had been released from their services effective "close of office 13 August 2020", a pilot was made to operate AI 804/506 (Delhi-Bangalore sector) on August 14, a day after the pilots were served termination letters.

"In this case, were the crew, passengers and aircraft insurance valid? The pilots who operated these flights were not technically employees of Air India from the close of office on 13.08.2020. This is a violation of comical proportion, not to mention a grave flight safety hazard. What would have been the mental state of these pilots after knowing their services were terminated?" the ICPA asked in the letter.

Recently, after a recent Board of Directors` decision at Air India authorised CMD Rajiv Bansal to send employees on compulsory leave without pay, there was much hue and cry, with the airline subsequently assuring they would not be laying off any employees.

For now, some of the pilots who have received their marching orders have already started knocking on the doors of the courts, seeking justice.

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