Should Lawrence have defied the order to resign and opted for termination
instead?
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Supreme Court has declared in the judgment of the case –Sanjay Jain v. National Aviation Company of India Ltd, through Division Bench consisting of Justice Arun Mishra and Justice neet Saran that,“ To resign is a right of an employee who cannot be forced to serve in case he is not willing until and unless there is some stipulation in the rules or in the terms of appointment or disciplinary proceedings is pending or contemplated which is sought to be avoided by resigning from the services.”And based on this declaration, Apex Court has concluded that the Bombay High Court has erred in law in holding otherwise.
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