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september 2005

Supreme Court of India · 2005-09-28

Air India Ltd. & Ors vs Vishal Capoor & Ors

Citation / case number
2006 (1) JHAR R 708
Court
Supreme Court of India
Petitioner
Air India Ltd. & Ors
Respondent
Vishal Capoor & Ors
Author
Ruma Pal
Bench
Ruma Pal, Ar.Lakshmanan, C.K. Thakker

Judgment text excerpt

The Supreme Court addressed the issue of seniority among co-pilots at Air India, determining that the High Court should not have intervened in the matter but rather left it to the Industrial Tribunal for resolution. The Court noted that the seniority of co-pilots should be based on the possession of an Air Lines Transport Pilot Licence (ALTP) as per the 1989 Settlement, which stipulated that ALTP holders have higher seniority than those with only a Commercial Pilot Licence (CPL). The Court upheld the principle that employment terms, including seniority, are subject to the policy decisions of the employer, affirming the dismissal of the writ petition challenging the seniority clause.

Air India Ltd. & Ors vs Vishal Capoor & Ors · Niyam