Apex court stays Bombay high court’s interim order
NEW DELHI: The Supreme Court on Thursday directed pilots to fly three flights in nine hours in accordance with the guidelines of the Directorate General of Civil Aviation (DGCA), staying the Bombay high court’s interim order that halted the regulator’s move to increase working hours in the cockpit.
While allowing DGCA’s plea, a bench headed by Chief Justice K G Balakrishnan said the Bombay high court’s interim order will interfere with flight schedule and its operation as it is prepared in advance.
The apex court remanded the matter back to the high court asking it to dispose it of expeditiously by commencing the hearing on July 21.
The DGCA, National Aviation Company of India Ltd (NACIL) — a JV between Air India and Indian Airlines formed after their merger — and Jet Airways had rushed to the apex court contending that the high court had delivered the July 1 interim order without properly addressing their grievances.
Solicitor General G E Vahanvati and senior advocate Fali S Nariman appeared for the DGCA and NACIL. Nariman said the high court passed the interim order without taking into the consideration the June 2 circulation of the DGCA. “We were impleaded as party but were not heard. Even the principle of natural justice demands that we should have been heard,” he said.
The DGCA had issued a circular in June this year that reverted to the work hours prescribed in the Aeronautical Information Circular (AIC) of 1992 and also scrapped the July 2007 circular that reduced pilots’ duty hours.
The Pilots’ Joint Action Committee (PJAC) moved the high court challenging the circular that prevented them from taking longer breaks.
On July 2, the Bombay high court stayed the DGCA’s June 2008 circular and slammed the government, observing that “larger public interest and safety of flights was literally thrown to the winds to protect the financial and other interests of a few wealthy and hefty airline operators.”
Reacting to the SC directive, Sushant Nag, president, Indian Commercial Pilots Association (ICPA) said they were waiting for the copy of the judgment and would be able to comment only on Friday.
“It is possible to do more than that (three flights in nine hours) if we are flying on small sectors. But not possible on international routes,” he said.
“According to the 1992 circular, the rest period starts 15 minutes immediately after the FDTL (Flight Duty Time Limit) is over,” says Nag.
The 1992 circular was designed according to the aviation and social situation in that period. There were hardly any airlines and less traffic at that time. So it took less time for pilots to leave and reach airport from their house. As a result, the transportation and briefing time was not included in that circular.
In 2007, after research and International Civil Aviation Organisation (ICAO) transportation time and briefing time of approximately an hour was added to the pilots schedule and his rest period started after that.
