Airline Pilots Are ‘Workmen’ Under Industrial Disputes Act Irrespective of Salary: Delhi High Court

New Delhi:(King Airways Vs Captain Pritam Singh) The Delhi High Court has held that airline pilots fall within the definition of “workmen” under the Industrial Disputes Act, 1947, irrespective of the salary they draw, provided their dominant duties are technical/operational and not managerial or supervisory in nature.

The Court clarified that high remuneration alone cannot exclude an employee from the protection of labour laws when the statutory test under the Industrial Disputes Act is otherwise satisfied.

Background of the Case

The dispute arose in the context of disciplinary action against airline pilots. The employer argued that pilots, due to their specialised skill and high salary, should not be treated as “workmen”. The pilots contended that they primarily perform technical and operational functions and do not exercise managerial powers.

Delhi High Court’s Findings

The High Court held that:

• The nature of duties performed is decisive, not salary or designation;
• Pilots largely perform technical and operational work, including flying aircraft as per prescribed safety and operational protocols;
• They generally do not exercise managerial authority such as policy-making, hiring/firing, or disciplinary control over employees.

Accordingly, the Court concluded that airline pilots may qualify as “workmen” under Section 2(s) of the Industrial Disputes Act, 1947.

Relevant Statutory Provision

• Section 2(s), Industrial Disputes Act, 1947 – Defines “workman” and excludes employees mainly working in managerial/administrative roles or in supervisory capacity (subject to statutory conditions).

Relevant Case Law

• H.R. Adyanthaya v. Sandoz (India) Ltd. (1994) 5 SCC 737 – The Supreme Court held that “workman” status depends on the dominant nature of duties, not designation or salary.
• Burmah Shell Oil Storage & Distributing Co. of India Ltd. v. Management Staff Association (1970) 3 SCC 378 – Technical/operational employees may still be “workmen” if they lack managerial authority.
• Bangalore Water Supply & Sewerage Board v. A. Rajappa (1978) 2 SCC 213 – Labour legislation should be interpreted purposively to advance worker protections.

Legal Significance

The judgment is significant for the aviation sector as it clarifies that pilots may invoke remedies under the Industrial Disputes Act, including raising industrial disputes and challenging termination or disciplinary action, depending on facts and role-specific duties.

Disclaimer: This article is for informational purposes only and does not constitute legal advice.