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Employee Has Right To Resign, Subject To Stipulations In Service Rules

In SANJAY JAIN vs NATIONAL AVIATION CO. OF INDIA LTD., appeal was filed against the judgment of the High Court dismissing the dues claimed by the Appellant after resigning.

The appellant had resigned from service with the necessary 30 days notice and subsequently on claiming his PF and other dues was informed by the Respondent that since his resignation had not been accepted, he was asked to report for duty. His complain was rejected by the centralized grievance cell and the High Court.

The Supreme Court referring to the Standing Order of Air India held that the appellant has rightly terminated the relationship by serving the requisite notice for resignation. To resign is a right of an employee who cannot be forced to serve in case he is not willing until and unless there is some stipulation in the rules or in the terms of appointment or disciplinary proceedings is pending or contemplated which is sought to be avoided by resigning from the services.


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