In Brief
Sanjay Jain, an Air India Assistant Aircraft Engineer who completed five years of service, resigned by serving 30 days' notice on 1 September 2006 under Standing Orders 17 and 18. Air India refused to accept the resignation. The Supreme Court held that a permanent employee has an unilateral right to resign by serving the prescribed 30-day notice period, and such resignation becomes effective automatically upon expiry of the notice without requiring the employer's acceptance. No disciplinary action was pending. The Court quashed Air India's rejection and ordered payment of all outstanding dues, provident fund with interest, and gratuity at 6% per annum.
The lawyer headnote and full judgment text are available to registered users.