Delhi HC issues notice to Air India on pilot’s plea seeking withdrawal of resignation

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The Delhi High Court has issued notice to Air India Limited on a plea filed by a pilot commander associated with the airline, who had participated in several evacuation flights to different countries, seeking to withdraw the resignation tendered by him.

A bench of Justice Jyoti Singh on Wednesday issued notice to the air carrier and slated the matter for further hearing on August 4.
The pilot commander, in his petition, said that he had tendered his resignation on February 6, 2020, on account of non-payment of certain allowances and arrears, giving a notice period of six months under the Civil Aviation Requirement (CAR) that is set to expire on August 8.

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“However, soon thereafter the petitioner withdrew his resignation on March 19. The grievance of the petitioner is that the respondent has taken no decision on the application withdrawing the resignation tendered earlier, despite the passage of several months,” the plea said.

The plea sought directions to the respondent to accept the request for the withdrawal of the resignation and permit the petitioner to continue work.

Advocates Shanker Raju and Nilansh Gaur, representing the petitioner, submitted that it is a settled law that an employee can withdraw the resignation tendered by him before it takes effect and added that the airline has not taken any steps to find a replacement so far.

The petitioner’s advocates submitted that the petitioner has in fact flown several evacuation and relief flights to different countries during the COVID-19 lockdown as recently as on July 13.

Senior counsel Sanjeev Sen, appearing for the respondent airline, submitted that the petition is premature as so far no decision has been taken on the request of the petitioner to withdraw the resignation tendered by him.

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