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The Apex Court bench of Justice Arun Mishra and Justice Vineet Saran has held that it is the right of an employee to resign and he 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. The exact words used by the bench were – “In view of the aforesaid enunciation of law and on consideration of the provisions contained in Standing order in the facts and circumstances of the case, we are of the opinion that 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. Thus, we are of the opinion that the High Court has erred in law in holding otherwise.”
The matter was of Sanjay Jain who served Air India for a stipulated minimum period of five years and resigned by giving a 30-day notice. He then joined Jet Airways and approached Air India to release his pending dues, provident fund, gratuity, and unpaid wages. Declining request, Air India informed him that since his resignation had not been accepted, he was to report for duty. Challenging this action, he approached the Bombay High Court which dismissed his writ petition. The bench, however, observed that acceptance of resignation is not required in case a notice 30 days prior to it has been given. It also noted that no disciplinary proceeding was pending or contemplated against an employee in the case when he resigned.
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