The Mumbai office of Gagrat has obtained a favourable order for Jet Airways, with the Mumbai High Court holding that the strike called by Jet Airways pilots is illegal. Gagrat moved the Mumbai High Court on Tuesday and submitted that since the matter is pending before the Labour Commissioner, the Pilots cannot go on strike.

Chief Justice Swatanter Kumar and Justice A.M. Khanwilkar opined that the strike is illegal and restained the NAG from going on an illegal strike under Section 22 and 23 of the Industrial Disputes Act, 1947, until the next date of hearing of the petition. Jet Airways was represented by Senior Counsels Harish Salve and C.U. Singh. The Gagrat team, comprising R.J. Gagrat, Sheetal Sabins, G.T.Mestha, I. Sen and Abhay Kulkarni, briefed the Senior Counsels. Gagrat have advised Jet Airways on a series of transactions, including Jet's IPO in 2005.

The Government is also considering invoking the Essential Services Maintenance Act ("ESMA") which might result in the arrest or termination of services of the striking pilots. The National Aviators Guild ("NAG") had called for a strike on Tuesday to protest the firing of two Jet Airways pilots, which dispute was referred to the Regional Labour Commissioner.  Jet Airways has about 1,000 pilots and the National Aviators Guild claims to have about 645 pilots on record, all of whom have called in sick for the second day running, as an act of protest.

The next date of hearing is scheduled for September 23, 2009.