Looking to Collude to Curb Staff Rights Could Potentially Violate Competition Law: Air India Tells Akasa Air on Pilot Resignations
Looking to Collude to Curb Staff Rights Could Potentially Violate Competition Law: Air India Tells Akasa Air on Pilot Resignations
Akasa Air had also initiated legal action against some of its pilots who left the airline and reportedly joined Air India Express

Amid concerns over alleged poaching of pilots, Air India told Akasa Air that petitioning a competitor to collude in restricting the rights of staff to change an employer could potentially violate the competition law.

Air India CEO and Managing Director Campbell Wilson wrote a letter to Akasa Air CEO Vinay Dube against the backdrop of Akasa Air raising concerns about Air India Express hiring pilots from the airline.

The letter, dated September 21, followed a letter by Dube to Tata Sons on September 11. Dube and Wilson had also spoken over a call. Against this backdrop, Wilson, in a two-page letter, said, about the allegation that Air India Express was contravening the CAR (Civil Aviation Requirement), he had explained that the CAR in question was before the courts and that the DGCA had expressed the view that the relevant provision was not currently enforceable as a result of orders in those proceedings.

The reference was to the CAR on the notice period requirement for pilots while leaving an airline. Akasa Air had also initiated legal action against some of its pilots who left the airline and reportedly joined Air India Express.

“As such, I noted that the issue of whether Akasa employees are abiding by their contract with Akasa was a matter between Akasa and its employees,” Wilson said in the letter. Wilson also pointed out that Akasa Air had previously engaged in the same actions by taking pilots from Air India Express, Vistara and at least two other local airlines notwithstanding the CAR now being cited.

“Further, that having initiated such actions within the last two years, it was a little surprising to us that Akasa now found the practice objectionable,” the Air India chief said in the letter.

“Additionally, and in the spirit of helping Akasa avoid pitfalls, I had cautioned that petitioning a competitor to collude in constraining the right of employees to change employer could be construed as potentially a contravention of competition law,” Wilson said.

When contacted for comments about the letter and earlier exchange between Wilson and Dube, an Akasa Air spokesperson said the airline “sought judicial clarity on this matter, and the issue is now behind us”. “Thanks to our advanced pilot planning and training programs we are squarely back in growth mode — focused on our operations and serving our customers during the upcoming festive season,” the spokesperson said. There was no immediate comment from Air India on Wilson’s letter.

In the letter, Wilson also said Air India Group will continue to invest in the aircraft, training facilities, people and resources needed to build a healthy and vibrant Indian aviation system. “This includes the provision of good careers and growth opportunities to attract, retain and develop employees, the vast majority of whom will be entirely new to aviation. I trust that Akasa will likewise make such investments to attract, retain and develop its own staff and contribute to the broader aviation ecosystem,” he noted.

Further, the Air India chief said, “I am sure you also agree that robust competition has been proven, time and again, to deliver the best outcomes for stakeholders. At Air India, we look forward to continuing healthy competition with Akasa, and others, both in the skies and on the ground, for the ultimate success of Indian aviation and its people.” India is one of the fastest growing aviation markets in the world and domestic airlines are expanding their fleets as well as networks.

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