Air India on Friday opposed the reinstatement of over 40 pilots and payment of their previous salaries before the Delhi High Court. Saying that unless the resignation is specifically made probable. It is effective immediately and a pilot can do so. Can’t take it back later.
Once the tender is done, the pilot cannot withdraw the resignation. Unless otherwise specified, the resignation is effective immediately. Solicitor General Tushar Mehta, representing Air India, told a bench headed by Justice Rajiv Shakdher that there is no capacity to withdraw (along with the pilots) on the ground that I am still serving the notice period.
Delhi High Court reserve
The Delhi High Court bench has reserved its verdict on a batch of appeals by Air India against the single judge order. In which the carrier’s decision to terminate the services of several pilots permanently. And on contract and to direct their reinstatement was rescinded.
In its June 1 order, the single judge said that the past salary including allowances is paid at par with the pilots in service and as per government rules. The Solicitor General said that there is no such notice period within which the pilots can say to have the right to withdraw their resignations.
The Solicitor General said that once resigned, a pilot would have to continue working for six months in terms of civil aviation requirements in the public interest. The law stipulates that the resignation takes effect when you tender it.
The Solicitor General utter
The Solicitor General said it is out of public interest that six months come into play. Although the relationship breaks up, she has to work for six months. A huge amount of money is spent on training a pilot. You can’t say that I won’t come tomorrow.
The Solicitor General also said that the service conditions for pilots are industry-specific and need not apply even to ground staff. Earlier, the pilots argue that Air India’s stand could not be accepted. As the resignation was probable, which essentially comes into force after a notice period of six months.
It points out that in some cases before the court in the present batch of appeals. The withdrawal of resignation by Air India is also accepted. The pilots had moved to the High Court after Air India refused to withdraw their resignations and terminated their employment.
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