NDLI: Air India Express Limited and Ors. Vs. Capt. Gurdarshan Kaur Sandhu

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Indian Telegraph Act Withdrawal of Resignation Air Craft Rules 1885 1937 Service Law
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Aircraft Act, 1934 (22 of 1934) Indian Telegraph Act, 1885 (13 of 1885)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Service Law – Withdrawal of Resignation – Respondent was working as a pilot in the appellant-Company – On 03.07.2017 respondent communicated through e-mail her resignation to the appellant – In view of her resignation, appellant engaged a replacement pilot – On 02.09.2017, the resignation sent by the respondent was accepted by the appellants – Thereafter on 18.12.2017, respondent sent an e-mail and sought withdrawal of her resignation – Her request for withdrawal of resignation was not accepted by the appellants – Writ petition by the respondent – High Court held that the resignation tendered by the respondent could be withdrawn by her before she was actually relieved from the service – On appeal before the Supreme Court, the appellants contended that they had already taken appropriate steps for finding and training an alternative and as such the instant case came within the exceptions acknowledged in the decisions of Gopal Chandra Mishra and Balram Gupta – Held: It is settled that normally, until the resignation becomes effective, it is open to an employee to withdraw his resignation – When would the resignation become effective may depend upon the governing service regulations and/or the terms and conditions of the office/post – In the instant case, the provisions of the Civil Aviation Requirements (CAR), the terms and conditions of appointment specifically stated that the respondent would give six months’ notice in case she desired to leave the services of the appellant – The underlying principle and the basic idea behind stipulation of the mandatory notice period is public interest – By very nature of the job profile a replacement for a pilot does not come so easily and therefore, the period of six months – The CAR acknowledges the fact that it would require considerable expenses and efforts to train the concerned replacement before he could be a worthy substitute – In the present case, steps were taken by the appellant to discharge such obligation and replacement was found – Therefore, the instant matter would be within the exception stipulated in the decisions of Gopal Chandra Mishra and Balram Gupta, and the respondent could not have withdrawn the resignation – Air Craft Act, 1934 – ss.5,7 and 8(2) – Indian Telegraph Act, 1885 – s.4 – Air Craft Rules, 1937 – Part XII.
Judge	Honble Mr. Justice Uday Umesh Lalit
Neutral Citation	2019 INSC 946
Petitioner	Air India Express Limited And Ors.
Respondent	Capt. Gurdarshan Kaur Sandhu
SCR	[2019] 12 S.C.R. 980
Judgement Date	2019-08-22
Case Number	6567

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Air India Express Limited and Ors. Vs. Capt. Gurdarshan Kaur Sandhu

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Air India Express Limited and Ors. Vs. Capt. Gurdarshan Kaur Sandhu

Air India Express Limited and Ors. Vs. Capt. Gurdarshan Kaur Sandhu

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