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2018 Supreme(Ker) 561

P.V.ASHA
Captain Gurdarshan Kaur Sandhu – Appellant
Versus
Air India Express Limited – Respondent


Advocates Appeared:
For the Appellant : M V Bose & Vinod Madhavan Adv.
For the Respondent: M Gopikrishnan Nambiar Adv. & P Gopinath, K John Mathai Adv. & Joson Manavalan Adv. & Kurian Thomas & Paulose C Abraham Advs.

JUDGMENT :

P.V. Asha, J.

1. Petitioner has filed this writ petition aggrieved by the refusal to accept her application to withdraw her resignation.

2. Petitioner was appointed as Captain in the Air India Charters Ltd (AICL) as per Ext.P1(a) order dated 28.07.2011, issued by its Chief of Operations, Operations Department, Mumbai. As per Ext.P1 letter dated 25.01.2017, she was appointed as a Commander by the Chief of HR-2nd respondent, in the Air India Express Limited, which is having its Head Quarters at Kochi.

3. Petitioner submits that she has got 13 years' experience as Pilot/Commander. She submitted Ext.P2 letter of resignation on 03.07.2017 to the 2nd respondent through the 3rd respondent, by e-mail. According to her the resignation was submitted because of the harassment she was subjected to, by the superiors, as there was no other option. Ext.P3 guidelines relating to resignation, provides that there should be a notice period of six months. The relevant portion in Ext.P3, the Guidelines issued by the Director General of Civil Aviation on 01.09.2005 which prevailed at the relevant time, reads as follows:

"3.4 It has therefore, been decided that every pilot working in an air transpo

































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