Air India pilots' stir hits flights

A section of Air India’s pilots is agitating against their being declassified as workmen and proposed pay cuts. This led to the airline’s flights getting delayed on Friday. While Directorate General of Civil Aviation sources said 10 flights were delayed, the airline claimed only three were impacted. “Out of the 300 flights operated today (Friday), so far only three have been delayed, due to non-reporting of crew on time. All our flights are operating smoothly as per schedule,” Air India officials told Business Standard.

The commanders are protesting against a clarification by the labour ministry on Tuesday, excluding them from the workmen category in the Industrial Disputes Act. They can no longer be part of trade unions, their service conditions can be changed, and they will not be able to raise a dispute against their employers.

The other issue they are protesting against is proposed pay cuts to harmonise their salaries with pilots of narrow-bodied aircraft of the former Indian Airlines fleet. The difference in pay now is Rs 50,000-150,000.

"By removing the pilots from the definition of workmen, the government has deprived them of all labour rights. They are left to the mercy of market forces," said K R Shyam Sundar, professor (human resource management) at XLRI.

According to a notification issued by Air India on Thursday, the “responsibilities of the pilot in command are of managerial and administrative nature, which may not fall in the definition of workman under Section 2(s) of the Industrial Disputes Act, 1947.” The airline said this clarification was provided by the labour ministry.

“The Aircraft Act, 1934, states the role of pilot in command and if one looks into it, their job is clearly managerial or administrative in nature,” said an Air India executive seeking anonymity. “A sensible management will never tinker too much with service conditions. It will always keep market conditions in mind.”

Air India has 650 commanders and 550 co-pilots.

However, labour lawyers said issuing a clarification was not enough. "Either the government will have to amend the Industrial Disputes Act or a court will have to rule that commanders do not fall in the category of workmen. The wording in this notification suggests the government is not sure itself," said a labour lawyer.

“The opinion of the government has no force in law. Laws are made by Parliament and interpreted by courts. The government only has to implement them,” another lawyer said.

A labour ministry official said the opinion of the law ministry was sought before the clarification was issued.

In another move, Air India has asked the government to exempt its employees from Section 9A of the Industrial Disputes Act. The provision requires an organisation to issue 21-day notice before changing wages, hours of work or leave policy. While employees can continue to remain workmen, the law allows for exemption under Section 9A.

The Maharashtra government had in 1960 exempted Air India employees from Section 9A of the Industrial Disputes Act. However, last year the Bombay High Court ruled the section was applicable to Air India employees. “If pilots approach courts protesting against the clarification and the courts issue a stay, an exemption will come as a relief for Air India,” Sundar said.