Case Note & Summary
The case arose from a dispute between Air India Express Ltd. and a pilot regarding the withdrawal of her resignation. The respondent, Capt. Gurdarshan Kaur Sandhu, had tendered her resignation on 03.07.2017, which was accepted on 02.09.2017, with an effective date of 02.01.2018 after a six-month notice period. Subsequently, on 18.12.2017, she sought to withdraw her resignation, which the appellants refused, leading her to file a writ petition. The Single Judge of the High Court ruled in her favor, stating she could withdraw her resignation before being relieved from service. The Division Bench upheld this decision, affirming that an employee could withdraw a resignation prior to its effective date. The appellants contended that the unique nature of pilot employment, requiring significant training for replacements, justified restrictions on withdrawal. However, the court maintained that the general principle allows for withdrawal unless explicitly barred by law or contract. The court noted that the respondent had been employed elsewhere during the dispute but was not currently in any position. Ultimately, the court ruled in favor of the respondent, allowing her to withdraw her resignation and continue her employment.
Headnote
A) Employment Law - Withdrawal of Resignation - Right to Withdraw Resignation - Air India Act, 1934, Section 5, 7, 8(2) - The court held that an employee can withdraw a resignation before it becomes effective, provided it is done prior to the expiry of the notice period. The court emphasized that the resignation was to take effect from a future date, allowing the employee to withdraw it before that date (Paras 6-10).
Issue of Consideration
Whether the respondent, a pilot, could withdraw her resignation tendered on 03.07.2017 before it became effective.
Final Decision
The Supreme Court upheld the right of the respondent to withdraw her resignation before it became effective, ruling in her favor and allowing her to continue her employment.
Law Points
- Withdrawal of resignation
- notice period
- public interest
- employment law
- aviation regulations
