Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law:Resignation – Acceptance of – Whether required –Appointment of appellant-employee – There was bond to serve fora minimum period of five years – After the bond period was over,appellant served notice for resignation to take effect after expiryof 30 days period – After the notice period was over, the employeewhen approached the employer for release of his pending dues –Employer asked the employee to report for duty as his resignationwas not accepted – Writ petition challenging the order of employer– Dismissed by High Court – On appeal, Held: Service conditionsof the employee are governed by Certified Standing Orders framedunder Certifying Officer Under Industrial Employment (StandingOrders) Act, 1946 – In the Standing Order 18 there is no provisionfor acceptance of resignation – A permanent employee has a rightto resign from the services by giving a notice of the period of 30days – There is no other Standing Order or rule which puts a fetteron an employee to resign or confers power on the employer to rejecta resignation – The bond period of 5 years was already over – Theresignation became effective on the lapse of 30 days period – Toresign is right of an employee who cannot be forced to serve incase he is not willing until and unless there is stipulation in theRules or in the terms of appointment or disciplinary proceeding ispending or contemplated which is sought to be avoided by resigningfrom the services – The order of the employer declining to acceptthe resignation are quashed – Appeals allowed. |
Judge | N/A |
Neutral Citation | 2018 INSC 1032 |
Petitioner | Sanjay Jain |
Respondent | National Aviation Co. Of India Ltd. |
SCR | [2018] 13 S.C.R. 740 |
Judgement Date | 2018-11-01 |
Case Number | 7822 |
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