Aishwarya Rathore –
Published on August 27, 2021, at 11:28 IST
Air India notified the Delhi High Court that when a pilot resigns, the legal relationship between the employer and the employee ends with it, and the resignation cannot be withdrawn afterwards.
The submission was presented before a Bench of Justices Rajiv Shakdher and Talwant Singh, who stated that Air India’s unilateral resignation was a dangerous move.
The Bench was hearing Air India’s appeal against a single Judge’s order quashing Air India’s decision to terminate 40 pilots, both permanent and contract, and ordering their reinstatement.
Solicitor General Tushar Mehta, representing Air India, stated, “The moment you tender resignation, the de jure relationship ends. Resignation is only given de facto prospective effect (after six months) so that the passengers are not left in a lurch.”
Over 40 pilots brought their case before the High Court after Air India refused to accept their resignations.
Mehta asserted, “Original petitioners were offered a better job, better prospects with some private airline and the question for determination here was the consequence of change of mind after tendering the resignation.”
Mehta further added, “A resignation is a resignation. There is no potential resignation or conditional resignation in service law.”
The Court requested a two-page submission from the parties along with a chart detailing the particular instances before it.
The Court adjourned the hearing till August 27.