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2014 Supreme(Bom) 931

V.M.KANADE, A.K.MENON
Melroy Bosco Dias – Appellant
Versus
Air India Engineering Services Limited – Respondent


Advocates Appeared:
For the Petitioners:M.A. Amonkar, R.A. Amonkar, Advocates.
For the Respondent:R2, Lancy D'souza, Kavita Anchan i/b. M.V. Kini & Co., Advocates.

Oral Judgment

A.K. Menon, J.

1. Rule. Rule returnable forthwith. Respondents waive service. By consent, the petition is taken up for final hearing.

2. This petition impugns the failure of the Respondents to accept the resignations of the Petitioners and their request to be relieved from services and to pay them all their legal dues.

3. The Petitioners were employed initially with respondent No.2 till February, 2013 and with effect from February, 2013 their services were transferred to Respondent No.1 Air India Engineering Services Limited. The employees union had challenged the hiving off the engineering department by Respondent No.2 to Respondent No.1 in this Court in Writ Petition No.2457 of 2012. This Court rejected the challenge while noting that the service conditions have not been changed. The order of rejection was confirmed by the Hon'ble Supreme Court vide order dated 9th May, 2013 in S.L.P. No.14219 of 2013. Respondent No.2 communicated the transfer to Petitioner No.1 with effect from 1st March, 2013 and confirmed that there was no adverse change in service conditions and it was without affecting the continuity of service, pay and allowances, Productivity Linked Incentive (





























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