To resign is a right of the employee: SC

Can’t be compelled to serve, says court in case of Air India employee

To resign is a right of an employee and he cannot be forced to continue, the Supreme Court has said in a recent order.

An employee cannot be compelled to serve in case he is not willing “until and unless there is some stipulation in the rules or in the terms of appointment or disciplinary proceedings is pending or contemplated which is sought to be avoided by resigning from the services.”

A Bench of Justices Arun Mishra and Vineet Saran made the observations while allowing the appeal of a former Air India engineer, who was refused his dues by the Central government carrier.

Past arrears

Sanjay Jain served in Air India for the stipulated minimum five-year period before he resigned and served his 30-day notice.

He joined a private airline and later approached his former employer to pay his dues, Provident Fund, gratuity and unpaid wages.

Air India said it had refused to accept his resignation and asked him to re-join duty.

The Bombay High Court dismissed his petition in September 2010. Subsequently, Mr. Jain moved the Supreme Court.

In support

Setting aside the High Court’s decision, the Supreme Court ruled that Mr. Jain had “rightly terminated the relationship by serving the requisite notice for his resignation.”