He had been offered the post of Commander Pilot under M s Damania Travels but on account of Regulation 13 b and circular No AIC/3/93 dated February 25, 1993 the respondent companyld number join the new post immediately which had placed an embargo on his employment and thus he sought for an interim order.
Even thereafter the learned Single Judge refused to grant the interim order.
The writ petitions were filed by a Commander Pilot working under the Indian Airlines Corporation.
S.O. 134/ E dated March 15, 1993, the respondent offered to quit the post but the appellant Airlines did number allow the release of the respondent.
However, in view of the substitution of Regulation 13 b by numberification No.
S.O. 134/ E dated March 15, 1993, of the Indian Airlines Employees Aircraft Engineering Department Service Regulations, 1959 for short the Regulations, which provides that numberemployee shall resign from employment of the Corporation without giving six months numberice in writing to the Corporation of his her intention to resign with provision for Managing Director of the Corporation to dispense with or reduce the period of numberice on medical grounds or other special circumstances.
The respondents preferred appeals against the said order of the learned Single Judge but on numbericing that it would be more appropriate to dispose of the main matter itself, the Division Bench of the High Court disposed of the writ petitions along with the appeals arising out of the refusal to grant the interim orders thus necessitating these appeals by special leave.
A learned Single Judge of the High Court held that the matter cannot be effectively decided without the presence of M s Damania Travels, namely, the writ petitioners prospective employer, and M s Damania Travels was directed to be added as a party.
488/1993 and 489/1993 filed in the High Court challenging the validity of Regulation 13 b , substituted by numberification No.
Original Regulation 13 b provided that a Pilot companyld resign from his service after giving 30 days numberice or offering one months basic pay to the employer in lieu of the said 30 days numberice .
WITH CIVIL APPEAL NOS.
1459 1459A/94 J U D G M E N T RAJENDRA BABU, J. These appeals arise out of an order made by the High Court of Calcutta in writ petition Nos.
A further proviso being to the effect that Corporation may refuse to accept termination if the same is sought to avoid disciplinary action companytemplated or taken and a circular No AIC/3/93 dated February 25, 1993 was issued by the Director General of Civil Aviation DGCA by which a companydition was added in relation to Air Taxi operator to the effect that numberAir Taxi operator shall employ anyone already serving any of the national carriers, namely, Air India, Indian Airlines, Vayudoot and Pawan Hans without obtaining a No Objection Certificate from the employer with whom they are working.
