SANJAY JAIN versus NATIONAL AVIATION CO. OF INDIA LTD.

Citation: [2018] 13 S.C.R. 740 · Decided: 01-11-2018 · Supreme Court of India · Bench: ARUN MISHRA, VINEET SARAN · Disposal: Appeal(s) allowed

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Judgment (excerpt)

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SUPREME COURT REPORTS
[2018] 13  S.C.R.
SANJAY JAIN
v.
NATIONAL AVIATION CO. OF INDIA LTD.
(Civil Appeal No. 7822 of 2011)
NOVEMBER 1, 2018
[ARUN MISHRA  AND VINEET SARAN, JJ.]
Service Law:
Resignation – Acceptance of – Whether required –
Appointment of appellant-employee – There was bond to serve for
a minimum period of five years – After the bond period was over,
appellant served notice for resignation to take effect after expiry
of 30 days period – After the notice period was over, the employee
when approached the employer for release of his pending dues –
Employer asked the employee to report for duty as his resignation
was not accepted – Writ petition challenging the order of employer
– Dismissed by High Court – On appeal, Held: Service conditions
of the employee are governed by Certified Standing Orders framed
under Certifying Officer Under Industrial Employment (Standing
Orders) Act, 1946 – In the Standing Order 18 there is no provision
for acceptance of resignation – A permanent employee has a right
to resign from the services by giving a notice of the period of 30
days – There is no other Standing Order or rule which puts a fetter
on an employee to resign or confers power on the employer to reject
a resignation – The bond period of 5 years was already over – The
resignation became effective on the lapse of 30 days period – To
resign is right of an employee who cannot be forced to serve in
case he is not willing until and unless there is stipulation in the
Rules or in the terms of appointment or disciplinary proceeding is
pending or contemplated which is sought to be avoided by resigning
from the services – The order of the employer declining to accept
the resignation are quashed – Appeals allowed.
Punjab National Bank v. P.K.Mittal (1989) Supp. (2)
SCC 175 : [1989] 1 SCR 612; State of U.P. v. Achal
Singh (2018) 10 SCALE 89; Dinesh Chandra Sangma
v. State of Assam. (1977) 4 SCC 441 : [1978] 1 SCR
607 – relied on.
   740
[2018] 13  S.C.R. 740
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741
Moti Ram v. Param Dev and Anr. (1993) 2 SCC 725 :
[1993] 2 SCR 250 – distinguished.
Case Law Reference
[1989] 1 SCR 612
relied on
Para 5
(2018) 10 SCALE 89
relied on
Para 5
[1978] 1 SCR 607
            relied on
Para 5
[1993] 2 SCR 250
            distinguished
Para 6
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 7822
of 2011
From the Judgment and Order dated 07.09.2010 of the High Court
of Judicature at Bombay in Writ Petition No. 1740 of 2010
WITH
Civil Appeal No. 10881 of 2018.
Mohan Bir Singh, Udit Gupta, Anup Jain, Ravi Kumar Tomar,
M/s. Udit Kishan And Associates, Advs. for the Appellant.
Shubha S. Saxena, M/s. M. V. Kini & Associates, Advs for the
Respondent.
The following Order of the Court was passed :
      O R D E R
CIVIL APPEAL NO.7822 OF 2011
1. Heard the learned counsel for the parties.
2. The appellant is aggrieved by the judgment and order dated
7.9.2010 passed by the High Court of Bombay, dismissing Writ Petition
No.1740 of 2010. The question arises whether the appellant ceased to
be an employee of the respondent on 1st October 2006 since he had
resigned on 1.9.2006 as 30 days period came to an end on the aforesaid
date.
3. The appellant joined the services of Air India Ltd. as Assistant
Aircraft Engineer in Major Maintenance Division of Engineering
Department w.e.f. 1.9.1992. As per the terms and conditions, he
was  required to serve Air India for a  minimum period of five years, as
SANJAY JAIN v. NATIONAL AVIATION CO. OF INDIA LTD.
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SUPREME COURT REPORTS
[2018] 13  S.C.R.
per the condition stipulated in the letter of his appointment. As on the
date he resigned, he had completed five years of service. The Certified
Standing Orders framed under the Certifying Officer Under Industrial
Employment (Standing Orders) Act, 1946 (in short “The Act of 1946”)
as introduced in Air India Ltd. and as applicable to the establishment,
required the employer to define the terms and the conditions of service
applicable to a workmen and inform him of the same. The Certified
Standing Order, inter alia, deals with the conditions under which an
employee can tender his resignation. He is entitled to receive the
certificate of service rendered at the time of cessation of his employment.
The Certified Standing Order confers a right on the employer under the
Act of 1946 not to accept the resignation if at the relevant time of his
resignation any disciplinary action is pending or is contemplated.
4. As per the case set up

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