Kerala High Court Disposes Plea Questioning Practices Related To Engaging Foreign Pilots On Contract In Indigo Airlines

The Kerala High Court on Wednesday directed a former Indigo Airlines Captain, a Portuguese national who had questioned practices related to engaging foreign pilots on contract by the Airlines, to approach the appropriate authorities.

Justice P.V Kunhikrishnan allowed the petitioner to approach the appropriate forum regarding the contentions raised over alleged violation of laws by the airlines. The Court also permitted him to visit India for a week to collect his belongings.

"All other contentions raised in this writ petition are left open and petitioner is free to submit appropriate representations before appropriate authorities who shall make decisions in accordance with the law," the order reads.

Considering that his tax residency was still in India, the Court directed the government to ensure that he is able to visit India for a period of one week despite existing COVID-19 travel restrictions.

"The petitioner is free to visit India for a period of one week to collect his belongings from his apartment in Cochin. After reserving flight tickets, the petitioner shall inform the relevant authorities including the Foreigners Regional Registration office about his dates of arrival and departure," said the Court. 

The petitioner, represented by Advocate Yashwant Shenoy, is a Portuguese national and a qualified pilot who served Indigo Airlines as a Captain from 2018 till 2020. He was on a rotational leave in Portugal when the lockdown was declared in March 2020 in India.

He alleged that he was put on leave without pay, although the employment contract continued.

As soon as his employment visa was renewed, it is contended that his service was illegally terminated by Indigo. Consequently, his visa was cancelled.

The petitioner argued that his tax residency, accommodation and bank accounts were still in India, and the airlines purportedly refused to sort out the required documentation.

These documents are essential to obtain any other employment. Thereby, this was alleged to be an infringement upon his right to earn a livelihood under Article 21 of the Constitution.

According to the petitioner, he had been unable to obtain permission to enter India to take care of his affairs and therefore sought the Court's assistance in gaining permission for entry for 90 days.

Initially, he had alleged that Indigo Airlines had claimed he was employed by a contractor, CAE Simulation Technologies, which violates the provisions of the Contract Labour (Regulation and Abolition) Act, 1970. As per the Act, contract labour cannot be used to carry out the core activity of the principal employer.

The Court had accordingly issued notice to all relevant parties.

In the recent hearings, the petitioner primarily pressed for permission to enter India to collect his belongings, close his bank accounts etc., which required his physical presence.

However, today, the petitioner had clarified that the allegations against the Airline, the DGCA and the BCAS are equally important but that he shall approach the relevant authorities to raise those contentions.

Senior Advocate Arun Kumar, appearing for the contract employer, submitted that if the intention of the petitioner is to only take his belongings from his apartment and go back to his country, it will not stand in his way.

Assistant Solicitor General Girish Kumar stated that the Central government would not stand in the way as long as the petitioner is in India only for a week.

Recording these submissions and leaving open the other contentions of the petitioner, the Court disposed of the matter.

Case Title: Capt Pedro Guilherme da Veiga Pereira e Oliveira Artilheiro v. Union of India & Ors.