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Supreme Court of India 2019-08-22 allowed

AIR INDIA EXPRESS LTD vs CAPT. GURDARSHAN KAUR SANDHU

Bench: 2 — Uday Umesh Lalit, Vineet Saran

In Brief

A pilot employed by Air India Express tendered her resignation on 3 July 2017 with a six-month notice period as required by Civil Aviation Requirements. The airline accepted the resignation and engaged a replacement pilot. Over three months later, the pilot sought to withdraw her resignation. The Supreme Court held that while employees generally can withdraw prospective resignations before they take effect, the mandatory six-month notice period for pilots serves a public interest purpose—ensuring flight continuity and safety—rather than protecting employee interests alone. Once the airline had accepted the resignation and incurred costs training a replacement, withdrawal was impermissible. The Court allowed the appeal and dismissed the pilot's writ petition.

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Employment Law Labour Law Civil Aviation Resignation and Withdrawal Public Interest Contractual Obligations

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