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2019 Supreme(SC) 910

UDAY UMESH LALIT, VINEET SARAN
AIR INDIA EXPRESS LIMITED – Appellant
Versus
CAPT. GURDARSHAN KAUR SANDHU – Respondent


Advocates Appeared:
For the Appellant :Lalit Bhasin, Nina Gupta, Palak Chadha, P. V. Yogeswaran, Advocates
For the Respondent:Anil Kumar Mishra-i, Advocate

JUDGMENT

Uday Umesh Lalit, J.

Leave granted.

2. This appeal arises out of the judgment and order dated 09.04.2018 passed by the Division Bench of the High Court of Kerala at Ernakulam in Writ Appeal No.796 of 2018 preferred by the appellants herein and thereby affirming the view taken by the Single Judge in Writ Petition (Civil)No. 1991 of 2018.

3. The basic issue involved in the instant case is whether the respondent, a pilot working with the appellant, could withdraw her resignation that was tendered on 03.07.2017.

4. The statutory provisions and the concerned regulations concerning the controversy in issue are as under:-

A] In exercise of powers conferred by Sections 5, 7 and 8(2) of the Air Craft Act, 1934 and by Section 4 of the Indian Telegraph Act, 1885, the Air Craft Rules, 1937 (hereinafter referred to as 'the Rules') were framed by the Central Government. Part XIIA of the Rules deals with "Regulatory Provisions", Rule 133A in said Part is as under:-

"133A. Directions by Director-General.- (1) The Director-General may, through Notices to Airmen (NOTAMS), Aeronautical Information Publication, Aeronautical Information Circulars (AICs), Notice to Aircraft Owners and Maintenance Engi

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