Bombay HC refuses to quash FIR against aviation firm for denying job despite agreement

Mumbai: The Bombay High Court recently refused to quash First Information Report (FIR) filed against private firm Frankfinn Aviation Services Private Limited in Pune. According to the complainant, the institute had denied him the job despite giving assurance in the agreement. The complaint also claimed he was not given any
certificate after completion of the course.

While rejecting the petition, the Bombay high court has said that the complaint is not
registered with the malafide intention, harassment or embarrassment to the institute. The high court did not agree with the institute’s contention that assurance or job guarantee was not mentioned in the disputed agreement.

A division bench of justice S.C. Dharmadhikari and justice Sadhana Jadhav was hearing petition filed by Frankfinn Aviation Services Private Limited. The petition stated, “Prashant Phapale, an Ahmadnagar resident in 2009 had taken admission in its Pune branch.” According to Mr Phapale, while taking admission, he was told that after
completion of the course he would be given a job. He alleged that job guarantee was mentioned in the agreement of the institute while taking the admission.

Mr Phapale, who comes from a poor farmer’s family, stated in the FIR that after completion of course in 2010, he did not get any certificate from the institution. He also said that he did not get a job with any airlines. He had filed a FIR at Chinchwad police station in Pune in February 2013.

The lawyer representing the institute Meenakshi. M told the court that the institute didn’t assure any job guarantee to the complainant. The lawyer added that Mr Phapale was an educated person and voluntarily signed it. The lawyer also claimed that clause 22 of the agreement does not assure any job guarantee.