Mumbai: A pilot's 14-year-old battle with Air India to prove he was still an employee after he withdrew his resignation was finally ruled in his favour. The Bombay high court ruled that Rakesh Rai continued to be a pilot with National Aviation Company of India as his resignation was never accepted.
Referring to a Supreme Court judgment, a division bench of Justice V M Kanade and Justice R P Sondurbaldota said that "if a conditional acceptance is given by the employer, it is open for the employee to withdraw the resignation. If the conditions imposed by the employer are not acceptable to him, it will have to be held that his resignation stands withdrawn." Rai, a co-pilot with Air India, had tendered his resignation in May 2000 in order to move to the United States. In June 2000, the airline wrote two letters, saying it would accept the resignation only if Rai accepted certain conditions, including paying damages returning emoluments. In July 2000, he was again issued a showcause notice over his failure to report to duty.
15/07/13 Shibu Thomas/Times of India
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Referring to a Supreme Court judgment, a division bench of Justice V M Kanade and Justice R P Sondurbaldota said that "if a conditional acceptance is given by the employer, it is open for the employee to withdraw the resignation. If the conditions imposed by the employer are not acceptable to him, it will have to be held that his resignation stands withdrawn." Rai, a co-pilot with Air India, had tendered his resignation in May 2000 in order to move to the United States. In June 2000, the airline wrote two letters, saying it would accept the resignation only if Rai accepted certain conditions, including paying damages returning emoluments. In July 2000, he was again issued a showcause notice over his failure to report to duty.
15/07/13 Shibu Thomas/Times of India
