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Delhi High Court - Orders

Air Traffic Controllers Guild (India) vs Directorate General Civil Aviation & ... on 3 May, 2021

Author: Prathiba M. Singh

Bench: Prathiba M. Singh

                                                          Signature Not Verified
                                                          Digitally Signed By:DINESH
                                                          SINGH NAYAL
                                                          Signing Date:03.05.2021
                                                          21:24:45


$~19
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+                         W.P.(C) 5122/2021
       AIR TRAFFIC CONTROLLERS GUILD (INDIA) ..... Petitioner
                     Through: Ms. Khushbu Sahu & Mr. Piyush
                              Sanghi, Advocates (M-9899699494)
                     versus

       DIRECTORATE GENERAL CIVIL AVIATION &
       ANR.                                              ..... Respondents
                          Through: Ms. Anjana Gosain, Ms. Shalini Nair,
                                      Advocates for R-1 with Mr. Anand
                                      Pandey, DDRI, DGCA.
                                      Mr. Digvijay Rai & Mr. Aman
                                      Yadav, Advocates for R-2/AAI.
       CORAM:
       JUSTICE PRATHIBA M. SINGH
                   ORDER

% 03.05.2021

1. This hearing has been done through video conferencing. CM APPL. 15693/2021 (for exemption)

2. This is an application seeking exemption from filing court fee and duly attested affidavits. Binding the deponent of the affidavit to the contents of the application, the exemption is granted. Insofar as the court fee is concerned, the same be deposited within one week. Application is disposed of. Registry to submit a report in case the court fees is not filed after a month.

WP(C) 5122/2021 & CM APPL. 15692/2021 (for stay)

3. The present petition has been filed by an association of Air Traffic Controllers seeking immediate stopping of the Breath Analyzer Test (hereinafter, 'BAT'), which, according to them, increases their chances of Signature Not Verified Digitally Signed By:DINESH SINGH NAYAL Signing Date:03.05.2021 21:24:45 contracting Covid-19.

4. Last week, this Court had dealt with W.P.(C) 4990/2021 titled Indian Commercial Pilots Association v. Directorate General of Civil Aviation, which has been filed by an association of commercial pilots in Air India, where certain directions have been issued and the DGMS (Air) has been directed to look into the matter.

5. Ld. counsel for the Petitioner highlights the directions given vide order dated 23rd March, 2020 in WP(C) 2946/2020 titled Air Traffic Controllers Guild (India) v. UOI & Ors., when the pandemic had broken out and the DGMS (Air) was asked to consider alternative protocols to the BAT.

6. Since directions have already been issued on 27th April, 2021 and the DGMS (Air) has now constituted a Committee to look into the matter comprehensively, the suggestion of the counsel for the Petitioner, which is emanating from order dated 23rd March, 2020, shall also be considered.

7. List on 5th May, 2021, along with W.P.(C) 4990/2021 titled Indian Commercial Pilots Association v. Directorate General of Civil Aviation.

PRATHIBA M. SINGH, J MAY 3, 2021 mw/T