SC to decide whether pilots are workmen

NEW DELHI: The Supreme Court on Monday admitted a petition filed by Jet Airways raising the issue whether pilots are workmen and if they can claim benefits under the provisions of the Industrial Disputes Act, 1947.
A bench headed by Justice Ashok Bhan today stayed the Bombay High Court's judgement that directed the Central government to refer the dispute involving the issue to the Central Industrial Tribunal. Earlier, it had issued notice to the Centre through Mini stry of Labour, Regional Labour Commissioner, Conciliation Officer, and Senior Commander Mr Cedric D'Silva who had challenged Jet Airways (I) Ltd's order terminating his services as a pilot before the High Court.
Jet counsel Mr Harish Salve said the issue assumes importance as pilots who draw a salary of Rs 8 lakh per annum can be said to be workmen. The High Court had observed that the existing position in law since the award passed by National Industrial Tribun al, Lucknow was that all the pilots - whether co-pilot or chief pilot - were workmen as they performed highly skilled technical work.
"The two national airlines, namely Air India and Indian Airlines (now merged) continue to enter into settlements under the ID Act with their pilots, including senior commanders...," it added.
Opposing the reference of the dispute to the tribunal, Jet Airways in its appeal said the Senior Commanders being pilots-in-command of the aircraft were not workmen as they were completely incharge of the entire crew of the aircraft and also exercised fu ll managerial and supervisory powers with regard to ground personnel, government authorities and even passengers. - PTI
Monday, May 12, 2008
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