- (1.) CIVIL APPEAL NO.7822 OF 2011 Heard the learned counsel for the parties.
(2.) The appellant is aggrieved by the judgment and order dated 7.9.2010 passed by the High Court of Bombay, dismissing Writ Petition No.1740 of 2010. The question arises whether the appellant ceased to be an employee of the respondent on 1st October 2006 since he had resigned on 1.9.2006 as 30 days period came to an end on the aforesaid date.
(3.) The appellant joined the services of Air India Ltd. as Assistant Aircraft Engineer in Major Maintenance Division of Engineering Department w.e.f. 1.9.1992. As per the terms and conditions, he was required to serve Air India for a minimum period of five years, as per the condition stipulated in the letter of his appointment. As on the date he resigned, he had completed five years of service. The Certified Standing Orders framed under the Certifying Officer Under Industrial Employment (Standing Orders) Act, 1946 (in short "The Act of 1946") as introduced in Air India Ltd. and as applicable to the establishment, required the employer to define the terms and the conditions of service applicable to a workmen and inform him of the same. The Certified Standing Order, inter alia, deals with the conditions under which an employee can tender his resignation. He is entitled to receive the certificate of service rendered at the time of cessation of his employment. The Certified Standing Order confers a right on the employer under the Act of 1946 to accept the resignation if at the relevant time of his resignation any disciplinary action is pending or is contemplated.;