Court : Mumbai
Reported in : 2007(4)BomCR739; (2008)ILLJ63Bom
..... . the argument based upon the notification already issued lapsing on account of repeal of air corporation act, 1953 by air corporation (transfer of undertakings) and repeal act, 1994 and effect of such repeal on the notification already issued is also left open for being considered in an appropriate case.45 ..... . the judgment of the learned single judge of this court proceeded on the basis that section 9b of the act will be applicable on account of issuance of gazette notification ..... a comprehensive wage settlement under section 2(p) read with section of the industrial disputes act, 1947 with rule 58 and industrial disputes (central) rules, 1957 was entered into between the respondent no. ..... . since these larger issues are kept open it is not necessary to make any reference to the decisions cited by shri cama on the ambit and scope of section 9a so also section 2(p) of id act and the period for which settlements remain in force.46 ..... the learned counsel submitted that the learned single judge rejected the submission of the petitioner that reduction in cabin crew complement amounts to change in condition of service within the meaning of section 9a read with ivth schedule of the act and, therefore, cannot be effected without notice of change and accepted that respondent no. ..... shri cama has taken us through section 9a of the id act, 1947 and the judgment delivered by this court in writ petition no. .....
Tag this Judgment!Court : US Supreme Court
..... authorized limits and for the purposes of this act, enter upon and use any part of the tracks of any other street railroad, and may suitably strengthen and improve such tracks, and if the corporations cannot agree upon the manner and conditions of such entry and use, or the compensation to be paid therefor, the same shall be determined in accordance with the provisions of the thirty-eighth section of chapter three hundred and eighty-one of the acts of the year eighteen hundred and seventy-one ..... it is argued, however, that the act is to be examined as a whole, and that as the earlier sections of the statute bestow upon the union company the right to seize the track and other property of the marginal company, this repealing clause is inserted merely to aid in the general purpose of transferring a valuable property and its appurtenant franchise from one corporation to another. ..... it became obvious at once that many acts of incorporation which had been passed as laws of a public character, partaking in no general sense of a bargain between the states and the corporations which they created, but which yet conferred private rights, were no longer subject to amendment, alteration, or repeal except by the consent of the corporate body, and that the general control which the legislatures creating such bodies had previously supposed they had the right to exercise no longer existed. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2012(1)KLT3(SN); 2012(1)SCC619; AIR2011SCW6666; 2012(3)SCJ222
..... . banerji submitted that, although, in the writ petitions before the high court the vires of section 9 of the air corporations (transfer of undertaking and repeal) act, 1994, had been challenged, the said provisions were exactly the same, as was contained in section 34 of the air corporations act, 1953, which empowered the government to issue any directions in respect of any functions of the corporations, which then existed, where the corporations have power to regulate the matter in any manner including the terms and conditions of service of officers and employees of ..... . singh reiterated that in 1977 the supervisory post of deputy chief air hostesses was phased out and on account of the anomalies which surfaced the record note of agreement signed by the management of air india and the association on 30th may, 1977 took note of the fact that female executives, irrespective of rank or seniority, would be listed as air hostesses on board the aircraft, and would be deprived of their rank and seniority ..... petition, being transfer case no.3 of 1981, for transfer of the writ petitions from the bombay high court to this court on the ground that several writ petitions filed by air india were pending before this court and also on account of the fact that other writ petitions had also been filed by the air hostesses employed by the indian airlines corporation, hereinafter referred to as iac , which were also pending in this court involving almost identical reliefs. .....
Tag this Judgment!Court : Andhra Pradesh
..... by reason of section 11 of the air corporations (transfer of undertakings and repeal) act, 1994 (for short, the repeal act, 1994) the air corporations act, 1953, stood repealed w.e.f. ..... the air corporations act, 1953, under which the service regulations were framed stood repealed with effect from 29.01.1994 by reason of section 11 of the air corporations (transfer of undertakings and repeal) act, 1994 which came into force on 29.01.1994. ..... the orders of termination dated 26.5.2010 were assailed in the writ petitions primarily on the ground that the service regulations which were framed in exercise of the power conferred by section 42 (2) (b) of the air corporations act, 1953 were no longer in existence and therefore the termination of services of the writ petitioners invoking regulation 13 (a) of the said regulations was illegal. ..... therefore, so far as the question as to whether the service regulations are saved notwithstanding the repeal of the air corporations act, 1953 is concerned, there is no ambiguity and it is clear that the said regulations no longer survived. ..... 29.01.1994.during the subsistence of the air corporations act, 1953, the indian airlines corporation in exercise of the powers conferred by section 45 (2) (b) of the said act with the previous approval of the central government made the regulations governing the terms and conditions of service of different categories of its employees. .....
Tag this Judgment!Court : Mumbai
Reported in : [2005(107)FLR454]
..... air corporations (transfer of undertakings and repeal) act, 1994 came into effect and by section 11 repealed the air corporations act, 1953 ..... to note is that these regulations are framed under section 45 of the air corporations act, 1953. ..... question whether in presence of air india employees regulations, 1963 framed under section 45 of air india corporations act, 1953, the industrial employment (standing orders) act, 1946 was applicable to air india. ..... its division bench judgment had held that the regulations under the air corporations act were non-est as far as the employees covered under the industrial employment (standing orders) act are concerned. ..... ) for a division bench of the delhi high court, it was squarely held that the air corporations act should not be regarded as obliterating applicability of the industrial employment (standing orders) act. ..... , reliance was placed on the provisions of the central vigilance commission act, 2003 and it was submitted that in the instant case, the enquiry was suggested by the central vigilance commission and under section 8(g) and (h) of the said act, the commission was empowered to tender advice to the central government and the corporations established under the central act and to exercise superintendence over the vigilance administration. ..... member.following upon the spread of an epidemic known as sars in south east asia and the iraq war in the middle east, the two petitioners declined to operate the flights on account of a decision of this ipg. .....
Tag this Judgment!Court : Andhra Pradesh
..... by reason of section 11 of the air corporations (transfer of undertakings and repeal) act, 1994 (for short, 'the repeal act, 1994') the air corporations act, 1953, stood repealed w.e.f. ..... the air corporations act, 1953, under which the service regulations were framed stood repealed with effect from 29.01.1994 by reason of section 11 of the air corporations (transfer of undertakings and repeal) act, 1994 which came into force on 29.01.1994. ..... the orders of termination dated 26.5.2010 were assailed in the writ petitions primarily on the ground that the service regulations which were framed in exercise of the power conferred by section 42 (2) (b) of the air corporations act, 1953 were no longer in existence and therefore the termination of services of the writ petitioners invoking regulation 13 (a) of the said regulations was illegal. ..... therefore, so far as the question as to whether the service regulations are saved notwithstanding the repeal of the air corporations act, 1953 is concerned, there is no ambiguity and it is clear that the said regulations no longer survived. ..... during the subsistence of the air corporations act, 1953, the indian airlines corporation in exercise of the powers conferred by section 45 (2) (b) of the said act with the previous approval of the central government made the regulations governing the terms and conditions of service of different categories of its employees. .....
Tag this Judgment!Court : Delhi
..... and air india international were both established by section 3 of the air corporations act, 1953 (hereinafter referred to as the air corporations act ..... the air corporations act 1953 stood repealed from ..... section 11 of the said act repealed the air corporations act, from that ..... , the employees of air india sought to contend, before the supreme court, that, with the repeal of the air corporations act, the 1963 regulations ..... the employees contended that the air corporations act itself stood repealed, w.e.f. ..... , 1994, the air corporations (transfer of undertakings and repeal) act, 1994 (hereinafter referred to as the 1994 repeal act ), came into ..... dispute that the company issued the chargesheet in year 1998 much after the commencement of the air corporations (transfer of undertakings and repeal) act 1994 (the act of 1994 for short). ..... read thus: the learned counsel for the petitioner has contended that the regulations under which the enquiries being held against the petitioner does not survive in view of the air corporations (transfer of undertakings and repeal) act, 1994. ..... air india s submission, advanced per contra, to the effect that section 8 of the 1994 repeal act saved the provisions of the air corporations act, and the regulations issued thereunder, were rejected, clarifying, at the same time, that the provisions of the air corporations act, and, consequently, of the regulations issued thereunder, would stand saved in respect of employees who had joined the services of air india prior to .....
Tag this Judgment!Court : Delhi
Reported in : 2006(3)SLJ461(Delhi)
..... -indian airlines was initially incorporated as a corporation under the air corporations act, 1953 (hereinafter referred to as the air act, for short).2. ..... court noticed the controversy in issue and made reference to the air corporations (transfer of undertakings and repeal) act, 1994 (hereinafter referred to as repeal act, 1994, for short), which came into force on 29th january, 1994 and, inter alia, held that the provisions of the standing orders act are applicable. ..... in the three judgments mentioned above, the supreme court has relied upon and referred to section 8 of the general clauses act, 1897 which reads as follows:section 8-(1) where this act or any central act or regulation made after the commencement of this act, repeals and re-enacts with or without modification, any provision of a former enactment, then references in any other enactment or in any instrument to the provision so repealed shall, unless a different intention appears, be construed as references to the provision so ..... aggrieved by the aforesaid orders passed by the certifying authority, the petitioner filed an appeal under section 6 of the standing orders act, before the chief labour commissioner again raising the contention that the service regulations framed by the petitioner under section 45 of the air act with prior approval of the central government were not amenable to certification/modification/amendment by the certifying ..... also placed upon section 7 of the air act, 1953, which reads as under:section 7. .....
Tag this Judgment!Court : Delhi
..... and air india international were both established by section 3 of the air corporations act, 1953 (hereinafter referred to as the air corporations act ..... the air corporations act 1953 stood repealed from ..... section 11 of the said act repealed the air corporations act, from that ..... , the employees of air india sought to contend, before the supreme court, that, with the repeal of the air corporations act, the 1963 regulations ..... the employees contended that the air corporations act itself stood repealed, w.e.f. ..... , 1994, the air corporations (transfer of undertakings and repeal) act, 1994 (hereinafter referred to as the 1994 repeal act ), came into ..... dispute that the company issued the chargesheet in year 1998 much after the commencement of the air corporations (transfer of undertakings and repeal) act 1994 (the act of 1994 for short). ..... read thus: the learned counsel for the petitioner has contended that the regulations under which the enquiries being held against the petitioner does not survive in view of the air corporations (transfer of undertakings and repeal) act, 1994. ..... air india s submission, advanced per contra, to the effect that section 8 of the 1994 repeal act saved the provisions of the air corporations act, and the regulations issued thereunder, were rejected, clarifying, at the same time, that the provisions of the air corporations act, and, consequently, of the regulations issued thereunder, would stand saved in respect of employees who had joined the services of air india prior to .....
Tag this Judgment!Court : Mumbai
Reported in : 1999(4)ALLMR559; 2000(1)BomCR743; 2000(4)MhLj274
..... under the act, the air corporations act, 1953 was repealed and the erstwhile air india and indian airlines corporations were transferred to and vested in two government companies known as 'air india limited' and 'indian airlines limited'. ..... employees service regulations, but consequent upon the coming into force of the air corporations (transfer of undertakings and repeal) act, 1994, the service regulations ceased to have effect as regulations and, though they have been continued by virtue of section 8, their force is that of contractual terms and no more in view of the fact that there is no statutory obligation which is enforceable on the employees, nor is the power under the statute available to the first respondent to unilaterally change the conditions of service of the ..... section 8 of act 13 of 1994 which provides that every officer or other employee of a corporation, who was in employment immediately prior to the appointed day, shall continue to become an officer or other employee of the company in which the undertaking has vested and 'shall hold his office or service therein by the same tenure, at the same remuneration, upon the same terms and conditions, with the same obligations and with the same rights and privileges as to leave, passage, insurance, superannuation scheme, provident .....
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