Legal Question in Aviation Law in India

this with refernce to the the following question---can a p.s.u employee be made to continue work after he/she has been terminated from services?if no then what does it mean legally mean to the employee

as required by the expert hee are the details

the concerned employee was a pilot with AIr India ltd.he was illegally terminated by a letter dated 7th may 2012.it was received by him on the 10th may 2012 as from 7th may to 10th may he was on roster-ed flight duties in Germany and France.in effect he has worked post his termination for 3 days.

the matter is sub judice on the principles of natural justice.

1.can the concerned person initiate any other legal proceedings against his employer for utilization of services post termination?

2.is the insurance of the passengers,aircraft and cargo valid for the the flights undertaken during these 3 days when he was not employed?

3.During the course of his flights as there any security breach as the airline is responsible for only its employees in international countries?


Asked on 9/07/13, 1:55 am

1 Answer from Attorneys
Jayesh Desai Jayesh Desai

Was he called on duty after 3 May 2012 also?

Whether the termination was legal or not - can be decided only by a judicial process - it is your opinion that he was 'illegally' terminated.

If he took the flight - post issuance of termination letter - then it would tantamount to waiver of notice on part of the employer. In short notice does not survive thereafter.

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Answered on 9/07/13, 6:13 am


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