A bench headed by Justice Ashok Bhan on Monday stayed the Bombay High Court's judgement that directed the Central government to refer the dispute involving the issue to the Central Industrial Tribunal.
Earlier, it had issued notice to the Centre through Ministry of Labour, regional labour commissioner, conciliation officer, and senior commander Cedric D'Silva who had challenged Jet Airways (I) Ltd's order terminating his services as a pilot before the High Court.
Jet counsel Harish Salve said the issue assumes importance as pilots who draw a salary of Rs 8 lakh per annum can be said to be workmen.
The High Court had observed that the existing position in law since the award passed by National Industrial Tribunal, Lucknow was that all the pilots - whether co-pilot or chief pilot - were workmen as they performed highly skilled technical work.
"The two national airlines, namely Air India and Indian Airlines (now merged) continue to enter into settlements under the ID Act with their pilots, including senior commanders..." it added.
Opposing the reference of the dispute to the tribunal, Jet Airways in its appeal said the senior commanders being pilots-in-command of the aircraft were not workmen as they
were completely incharge of the entire crew of the aircraft and also exercised full managerial and supervisory powers with regard to ground personnel, government authorities and even passengers.
D'Silva was drawing a monthly salary of more than Rs 3.52 lakh besides other benefits including medical reimbursement at the time of termination of services, it stated.
"The High Court ought to have upheld the recommendations of the Assistant Labour Commissioner (Central) that the Act was for the protection of the suppressed class of employees and not for employees whose monthly emoluments are in several
lakhs of rupees and who enjoy statutory powers and duties and that such employees can never be said to be "workman" under the Act," the petition filed through Gagrat & Co stated.
Salve submitted that the representatives of pilots had signed a Salary and Benefits Agreement on August 31, 2000 and agreed that Jet's pilots were essential part of the management team as they performed front-line management functions on board and were responsible for discipline and control of crew as well as passengers.
Stating that it never treated its pilots as workmen, the airline said none of agreements signed between it and Society for the Welfare of Indian Pilots were under the provisions of Industrial Disputes Act, 1947.
According to Salve, the Conciliation Officer had refused to accept D'Silva as a workman under the Act in view of the predominant nature of the duties assigned to him like managerial/supervisory work and refused to make reference holding that no industrial disputes existed.
