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SUPREME COURT OF INDIA
Uday Umesh Lalit, Vineet Saran, JJ.
AIR INDIA EXPRESS LIMITED AND ORS. – Appellants
VERSUS
CAPT. GURDARSHAN KAUR SANDHU – Respondents
Civil Appeal No. 6567 of 2019 (Arising Out Of Special Leave Petition (Civil) No. 28182 of 2018)
Decided on : 22-08-2019
(a) Service law - Resignation - Notice period - To find trained manpower to replace the resigning employee - The stipulation of notice period only to sub-serve public interest - Six months in case of pilots - Justified considering the requirement of the job and kind of training for pilots especially captain. (Para 14)
(b) Service law - CAR - Pilots - Resignation - Withdrawal - Right to withdraw - Exceptions - Subject to core principles of CAR - Instantly respondent tendering unequivocal resignation - Resignation in terms of CAR - Held respondent not entitled to withdraw the same. (Para 14, 15)
Facts of the case:
On 15.06.2007 the respondent was offered the post of Co-Pilot by Air India Charters Limited on successful completion of B737-800 training on a contract for 5 years with effect from 15.06.2007.
On 28.07.2011 the respondent was appointed as Captain by Air India Charters Limited after successful completion of B737-800 training with effect from 26.03.2011. On 25.01.2017 she was appointed as Commander.
On and with effect from 05.05.2017 the name of the Company was changed from 'Air India Charters Limited' to 'Air India Express Limited'.
On 03.07.2017 the respondent sent a communication through e-mail to Chief of Operations of the first appellant submitting her resignation.
According to the appellants, in view of the above resignation, a replacement pilot viz. Captain Jiban Mahapatra was engaged on 14.08.2017 as Captain and was given appropriate training by the appellant which cost the appellant more than Rs.12,00,000/-.
On 02.09.2017 the resignation sent by the respondent was accepted by the appellants.
More than three months later, on 18.12.2017 an e-mail was sent by the respondent to the appellants seeking to withdraw her resignation.
On 29.12.2017 a letter was received from the Advocates of the respondent that since she had withdrawn the resignation, the respondent be rostered for future flights with effect from 02.01.2018.
Withdrawal of her resignation was not accepted.
The Writ Petition filed by respondent was allowed by a Single Judge of the High Court which has been affirmed by the Division Bench.
Finding of the Court:
Respondent is not entitled to withdraw her resignation.
Result:
Appeal allowed.
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 Engineers and publication entitled Civil Aviation Requirements issue special directions not inconsistent with the Aircraft Act, 1934 (22 of 1934) or these rules, relating to the operation, use, possession, maintenance or navigation of aircraft flying in or over India or of aircraft registered in India.
(2) The Civil Aviation Requirements under sub-rule(1) shall be issued after placing the draft on the website of the Directorate General of Civil Aviation for a period of thirty days for inviting objections and suggestions from all persons likely to be affected thereby:
Provided that the Director General may, in the public interest and by order in writing dispense with the requirement of inviting such objections and suggestions.
(3) Every direction issued under sub-rule (1) shall be complied with by the person or persons to whom such direction is issued."
B] On 27.10.2009 the Director General of Civil Aviation (DGCA) issued "Civil Aviation Requirement" ('the CAR' for short) as under:-
"OFFICE OF THE DIRECTOR GENERAL OF CIVIL AVIATION, TECHNICAL CENTER, OPPOSITE SAFDARJUNG AIRPORT, NEW DELHI.
CIVIL AVIATION REQUIREMENT SECTION 7 - FLIGHT CREW STANDARDS TRAINING AND LICENSING SERIES 'X' PART II ISSUE II, 27th OCTOBER 2009 EFFECTTVE FORTHWITH
Subject: Requirement of 'Notice Period' by the Pilots to the airlines employing them.
1. INTRODUCTION
1.1 It has been observed that pilots are resigning without providing any notice to the airlines. In some cases, even groups of pilots resign together without notice and as a result airlines are forced to cancel their flights at the last minute. Such resignation by the pilots and the resultant cancellation of flights causes inconvenience and harassment to the passengers. Sometimes such an abrupt action on the part of the pilots is in the form of a concerted move, which is tantamount to holding the airlines to ransom and leaving the travelling public stranded. This is a highly undesirable practice and goes against the public interest.
1.2 Such an action on the part of pilots attracts the provisions of sub-rule (2) of rule 39A of the Aircraft Rules, 1937, which reads as follows:
"The Central Government may debar a person permanently or temporarily from holding any licence or rating mentioned in rule 38 if in its opinion it is necessary to do so in the public interest."
2. APPLICABILITY
2.1 This Civil Aviation Requirement shall be applicable to the pilots in regular employment of any air transport undertaking as defined in clause (9A) of rule 3 of the Aircraft Rules, 1937.
2.2 This CAR is issued with the approval of the Ministry of Civil Aviation vide their letters No.A2012/08/2005-A dated 1st September 2005 and No.A.60015/024/2008-VE dated 21st October 2009.
3. REQUIREMENTS
3.1 It takes about four months to train a pilot to operate an aircr
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