Sanjay Jain vs National Aviation Co. of India Ltd.

Court

Supreme Court of India

Date

1 November 2018

Case No.

Civil Appeal No. 7822 of 2011

Result

Allowed

Bench

Arun Mishra, Vineet Saran

Citation

[2018] 13 S.C.R. 740 : 2018 INSC 1032

Headnote

Service Law:

Resignation – Acceptance of – Whether required – Appointment of appellant-employee – There was bond to serve for a minimum period of five years – After the bond period was over, appellant served notice for resignation to take effect after expiry of 30 days period – After the notice period was over, the employee when approached the employer for release of his pending dues – Employer asked the employee to report for duty as his resignation was not accepted – Writ petition challenging the order of employer – Dismissed by High Court – On appeal, Held: Service conditions of the employee are governed by Certified Standing Orders framed under Certifying Officer Under Industrial Employment (Standing Orders) Act, 1946 – In the Standing Order 18 there is no provision for acceptance of resignation – A permanent employee has a right to resign from the services by giving a notice of the period of 30 days – There is no other Standing Order or rule which puts a fetter on an employee to resign or confers power on the employer to reject a resignation – The bond period of 5 years was already over – The resignation became effective on the lapse of 30 days period – To resign is right of an employee who cannot be forced to serve in case he is not willing until and unless there is stipulation in the Rules or in the terms of appointment or disciplinary proceeding is pending or contemplated which is sought to be avoided by resigning from the services – The order of the employer declining to accept the resignation are quashed – Appeals allowed.

Punjab National Bank v. P.K.Mittal (1989) Supp. (2) SCC 175 : [1989] 1 SCR 612; State of U.P. v. Achal Singh (2018) 10 SCALE 89; Dinesh Chandra Sangma v. State of Assam. (1977) 4 SCC 441 : [1978] 1 SCR

607 – relied on.

Moti Ram v. Param Dev and Anr. (1993) 2 SCC 725 : [1993] 2 SCR 250 – distinguished.

The following Order of the Court was passed : ORDER CIVIL APPEAL NO.7822 OF 2011 1. Heard the learned counsel for the parties. 2. The appellant is aggrieved by the judgment and order dated 7.9.2010 passed by the High Court of Bombay, dismissing Writ Petition No.1740 of 2010. The question arises whether the appellant ceased to be an employee of the respondent on 1st October 2006 since he had resigned on 1.9.2006 as 30 days period came to an end on the aforesaid date. 3. The appellant joined the services of Air India Ltd. as Assistant Aircraft Engineer in Major Maintenance Division of Engin

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