The Delhi High court has asked Air India to respond to a plea filed by a pilot who has flown different flights to various countries during the times of COVID-19, seeking direction to accept his request for withdrawing his resignation.
The petitioner who is pilot with the said airlines resigned on 6th February 2020 due to non-payment of certain allowances and arrears and gave a notice period of six months under the Civil Aviation Requirement (CAR). However, he withdrew his resignation on 19th March 2020.
He approached the court and stated that there has been no decision by the employer on the application withdrawing the resignation tendered earlier, despite the passage of several months.
He further asked Air India Ltd to accept the withdrawal request and allow him to continue post 6th August 2020.
Justice Jyoti Singh has issued to notice to Air India and directed to file its response within 10 days and listed the matter for further hearing on 4th August 2020.
The counsel for the pilot stated that an employee can withdraw the resignation tendered by him before it takes effect.
The counsel further reiterated that under CAR it is a mandatory requirement to give six months' notice, but before the resignation takes effect and the period expired the pilot withdrawn the same.
He added that till now no authorities have taken any steps to find replacement nor to find a replacement or substitute pilot to replace the petitioner.
The counsel also said that it is shown from the daily roster that the petitioner has flown several evacuation and relief flights to different countries during the time of COVID-19 and as recently shown he was on duty on 13th July 2020.
They advocate on behalf of Air India Ltd has submitted that the petition is premature as far as no decision is taken on the request of the pilot to withdraw his resignation.
