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Does DGCA supersedes the contract signed between employer and employee


28-Jul-2023 (In Labour & Service Law)
1) As per the appointment letter, the notice period is three months. Appointment letter issued in 2003. 2) For pilots as Captains DGCA has issued in Civil Aviation Requirements -rule states notice period of one year, issued in the year 2017. Does Director General of Civil Aviation supersedes the contract signed between the employer and employee.? Please advise. Thanking you, Kind Regards.
Answers (3)

Answer #1
800 votes
Dear Client,

You query is incomplete and requires in details version of your appointment letter's terms and conditions to be looked at for further connection or interference by the DGCA and your employer's version of terms and conditions of your appointment.

You may contact me for further advise on the matter with all relevant documents as evidence.


Regards,


HS Verma
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Answer #2
743 votes
As per your query
There will be possibility they are not suppressing fact you signed agreement in the year of 2003 now there are amendment in the Act so there is no suppression of fact. You can ask DGCA through letter. If not satisfied you can appoint Advocate to look all these things.
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Answer #3
632 votes
This is my response to you:
1. This is a piece of information which can be verified if the rule is read and understood in totality;
2. The DGCA also has to adhere to the appointment letter;
3. The rule so made can be challenged because one year notice period is too long;
4. The same is arbitrary and deprives a person of many fundamental rights;
5. The same rule can be challenged in the High Court via a Writ Petition;
6. Best advice can be given after verification of all the documents related to your employment.
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