Bombay HC to hear Akasa Air's pilot resignation dispute
The Bombay High Court has granted permission to hear Akasa Air's plea against five pilots who left the company without fulfilling their notice period obligations. The court will consider interim reliefs for Akasa on October 4. The pilots reportedly received recruitment offers from Tata-owned Air India Express, leading them to quit without serving the mandatory six-month notice period.
Akasa Air demands damages for contract breach
Akasa Air is seeking nearly Rs. 21 crore from each pilot as damages and an additional Rs. 18 lakh for breach of contract. The airline has also asked the court to direct the pilots to serve their mandatory notice period. The pilots argued that the Bombay High Court did not have jurisdiction in the matter, but Akasa Air opposed this claim.
Jurisdiction debate in pilots' contract dispute
Senior advocate Darius Khambata, representing one of the pilots, argued that the jurisdiction of the Bombay High Court was chosen for lower court fees by the airlines. He stated that one cannot choose court jurisdiction by contract and no court can be given exclusive jurisdiction under a contract. Akasa Air's senior counsel Janak Dwarkadas countered that the company had written proofs of employment and training agreements executed in Mumbai.
Justice Modak greenlights Akasa Air's case
Justice SM Modak held that part of the cause of action took place in the jurisdiction of the Bombay High Court, as resignations were sent through mail and the company decided on their acceptance. He added that whether the resignation is repudiation, termination, or cancellation can be determined later. Justice Modak concluded that part of the cause of action occurred in Mumbai, granting leave for the case to proceed.
