What basically happened in this case was, 9W trained this pilot to fly the 737, at that time, only 9W had introduced the 737-300,400 and only the 737-200 was being flown in india at the time. As a result, the pilots had to be trained. anyways, 9W spent something like 15 lacs on training this pilot and signed a contract with him stipulating that he would work for 9W for 7 years and side by side 9W would recover the 15 Lacs from his salary. He however quit and left for S2. Hence, 9W got pissed and filed a suit against him claiming that he cannot work for any other airline for the 7 years and that he must pay back to money they spent on his training.

Case note below:

Service – conditions of service – Code of Civil Procedure, 1908 and Industrial Disputes Act, 1947 – defendant (pilot) employed by plaintiff (9W) and agreed to serve company for period of 7 years – defendant confirmed in service on 06.02.1998 – by letter dated 04.12.1999 defendant resigned from services with immediate effect – plaintiff sought order of permanent injunction restraining defendant from taking up or continuing any employment until 11.10.2005 with any other airlines – terms and conditions of service as contained in appointment orders have been altered to detriment of defendant with retrospective effect – irreparable loss would be caused to defendant in case he was compelled to remain idle – non-grant of injunction would not cause any irreparable loss to plaintiff – balance of convenience lies in favour defendant – plaintiff failed to show prima facie any legal or equitable right for grant of injunction.