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2001 Supreme(SC) 1373

S.RAJENDRA BABU, DORAISWAMY RAJU
Chairman And Managing Director, Indian Airlines – Appellant
Versus
Binod Kumar Sinha – Respondent


JUDGMENT

Rajendra Babu, J.-These appeals arise out of an order made by the High Court of Calcutta in writ petition Nos. 488/1993 and 489/1993 filed in the High Court challenging the validity of Regulation 13(b), substituted by notification No. S.O. 134/(E) dated March 15, 1993, of the Indian Airlines Employees  (Aircraft Engineering Department) Service Regulations, 1959 [for short the Regulations ], which provides that no employee shall resign from employment of the Corporation without giving six months notice in writing to the Corporation of his/her intention to resign with provision for Managing Director of the Corporation to dispense with or reduce the period of notice on medical grounds or other special circumstances. A further proviso being to the effect that Corporation may refuse to accept termination if the same is sought to avoid disciplinary action contemplated or taken and a circular No. AIC/3/93 dated February 25, 1993 was issued by the Director General of Civil Aviation (DGCA) by which a condition was added in relation to Air Taxi operator to the effect that "no Air Taxi operator shall employ anyone already serving any of the national carriers, namely, Air India



































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