Supreme Court clarifies pilot’s right to withdraw resignation

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In a recent judgment in the Air India Express Limited v Capt. Gurdarshan Kaur Sandhu, the Supreme Court discussed the rights and limitations of an employee withdrawing the resignation tendered earlier.

Sandhu, who was working as a captain in Air India Charters, submitted her resignation on 3 July 2017 by email. The resignation was accepted and vide letter dated 2 September 2019, she was informed that she would be released after completion of six months of notice period from the date of resignation. However, Sandhu on 18 December 2017 sent an email withdrawing her resignation, which was not accepted by Air India on the ground that after her resignation, another pilot was hired as a commander in her place. Sandhu challenged this action before Kerala High Court, which allowed her plea on the ground it was open for her to withdraw resignation prior to the expiry of the period of notice on 2 January 2018.

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