Breach of Service Bond Can Bar Issuance of Relieving Letter
Judgment dated 5.5.2026 of the High Court of Bombay in Writ Petition No.334 of 2026 of Bharat Aviation Pvt Ltd and another Vs. Raul Sudhindra Soni
Powers of the Industrial Court to direct Employer for Relieving Letter
The respondent as Aircraft Maintenance Technician had executed bond on 7.11.2022 for three years after securing training. However, there was option to leave the job before bond period by giving 60 days’ period but payment of liquidated damages of Rs.10 lakhs.
After the training imparted by the American Airlines, the respondent was given opportunity to become Aircraft Maintenance Engineer.
However, the respondent left the service before completion of the bond period without giving notice or damages.
As a result, the petitioner did not issue the experience certificate / relieving letter.
By the impugned order, the Industrial Court directed the petitioner no.1 to issue relieving letter / service certificate to the respondent.
In the present case, Respondent has left the employment with the Petitioner for bettering his prospectus, which is clear from the contents of the resignation letter. He did not request for relieving letter or experience certificate in the resignation letter. This prima facie shows that the Respondent may already have another job offer or was confident of securing the one in absence of any relieving letter from the Petitioner.
A trained employee, who has acted in breach of the contract, cannot insist that the employer must cooperate and assist him/her in securing employment with another employer.
Respondent cannot upgrade himself from the position of ‘Technician’ to that of ‘Engineer’ specialized in respect of Boeing B777 aircraft on the strength of training given by the Petitioner and insist that the Petitioner must help him in securing new job with the rival employer. Such course of action would also introduce an unhealthy competition between the employers in the aviation sector, who would poach the trained Engineers of another employer instead of spending monies in training their own Technicians.
Issuance of reliving letter and service certificate is just a consequential act post acceptance of the resignation. When non-acceptance of resignation is justifiable, the employer cannot be forced to issue a relieving letter or experience certificate.
