Delhi High Court - Orders
Captain Rajesh Kumar Alawadhi vs Director General Of Civil Aviation & Ors on 19 January, 2022
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
Signature Not Verified
Digitally Signed By:DEVANSHU
JOSHI
Signing Date:20.01.2022 16:01:31
$~15
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 13423/2021, CM APPLs. 42325/2021 & 3257/2022
CAPTAIN RAJESH KUMAR ALAWADHI ..... Petitioner
Through: Mr. Tushar Jarwal, Mr. Anurag Soan,
Mr. Abhishek Chauhan & Mr. Rahul
Sateeja, Advocates.
versus
DIRECTOR GENERAL OF CIVIL AVIATION
& ORS. ..... Respondents
Through: Ms. Anjana Gosain, Ms. Shalini Nair &
Ms. Ritika Khanagwal, Advocate for
R-1.
Mr. Samrat Nigam & Mr. Amit Punj,
Advocates for R-2 to R-5.
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 19.01.2022
1. This hearing has been done through video conferencing.
2. The Petitioner, in the present case, was working with Respondent No.2/Spice Jet Limited, as a Pilot since February, 2017. He was initially suspended on 4th January, 2018. However, vide order dated 23rd February, 2018, the Respondent No.1/DGCA has allowed his appeal against the suspension, and recorded that no adverse endorsement shall be made. The case of the Petitioner is that the airline, however, stopped his salary and other benefits. The said salaries were not paid to the Petitioner, which resulted in him approaching the CGIT for release of salary and other benefits.
3. An order was passed in favour of the Petitioner by the Presiding Officer, CGIT on 17th December, 2019 directing the release of salary for four months and other benefits. Thereafter, another order dated 29th January, 2020 was passed by the Presiding Officer, CGIT, vide which the application under Section 33C(2) of the Industrial Disputes Act, 1947, filed by the Petitioner was Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:20.01.2022 16:01:31 partially allowed, ex-parte. However, the same has been set aside, vide the impugned order dated 24th March, 2021, in an application under Order IX Rule 13 CPC filed by the Respondent No. 2- Airline.
4. As captured in the last order dated 26th November, 2021, the Petitioner is neither being paid any salary by the Airline, nor is he being given a No- Objection Certificate by the Airline, in order to enable him to seek alternative employment. Therefore, he is currently unemployed.
5. Ld. Counsels for the parties submit that they are willing to explore the possibility of an amicable resolution of the dispute. Accordingly, let the matter be referred to Ms. Veena Ralli who shall act as the Mediator, under the aegis of the Delhi High Court Mediation and Conciliation Centre.
6. In the meantime, the pleadings qua Respondents 2 to 5 are complete. Let Ms. Gosain, ld. Counsel file the counter affidavit on behalf of Respondent No.1/DGCA, within 4 weeks. Let rejoinder, if any, be filed by the next date.
7. List before the Mediator on 27th January, 2022 at 2:00 P.M. Mediation proceedings may take place, either virtually or physically, as per the convenience of the ld. Mediator and the parties. A senior official of the airline who is competent to take decisions as also the Petitioner shall join the mediation proceedings. Let the mediation report be filed before this Court, by the next date of hearing.
8. List before the Court on 4th March, 2022.
PRATHIBA M. SINGH, J.
JANUARY 19, 2022/Aman/AD