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2011 Supreme(SC) 476

B.S.CHAUHAN, P.SATHASIVAM
Joint Action Committee of Airlines Pilots Associations of India – Appellant
Versus
Director General of Civil Aviation – Respondent


JUDGMENT

Dr. B.S. Chauhan, J. —

1. Leave granted.

2. This appeal has been preferred against the judgment and order dated 14.8.2008 passed by the High Court of Judicature at Bombay dismissing the Writ Petition No. 1687 of 2008, wherein the appellants had challenged the validity and propriety of a Circular issued by the Director General of Civil Aviation, (hereinafter called as ‘DGCA’), respondent No.1 dated 29.5.2008, to the effect that Civil Aviation Requirements (hereinafter called as the ‘CAR’) dated 27.7.2007 had been kept in abeyance.

3. Facts and circumstances giving rise to this case are that the appellants are the Joint Action Committees of the Airlines Pilots Association representing several airlines operating in India. The dispute relates to the Flight Time (FT) and Flight Duty Time Limitation (FDTL), as there is some variance between the Aeronautical Information Circular (hereinafter called as ‘AIC’) No.28/92 and the CAR 2007. Vide AIC 28/92, FT and FDTL had been defined and fixed depending upon the distance of destination and number of landings. The rest period for the pilots stood substantially changed by the CAR 2007 to the greater benefit of the pilots. However, a l























































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