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Air India CabIn Crew Assn. and ors. Vs. Union of India and ors.

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. .....

Chairman and Managing Director, India Airlines Vs. Binod Kumar Sinha a ...

Court : Supreme Court of India

Reported in : AIR2001SC3988; [2001(91)FLR754]; JT2001(8)SC364; 2001(6)SCALE633; (2001)8SCC722; 2001(4)SCT836(SC); 2002(1)SLJ316(SC); (2001)3UPLBEC2455

..... so clearly spelt out and mandated in section 7 of the air corporations act; that in the very nature of things, therefore, the indian airlines must equip itself with trained and efficient manpower vital for discharge of its obligations in law and the air corporations act, therefore, provides for certain terms and conditions in relations to officers and other employees who can be appointed in the corporations under section 8 of the air corporations act; that regulation 13 has been framed in exercise of powers conferred by clause (b) of sub-section (2) of section 45 of the air corporations act as a measure of ..... further we must notice that during the pendency of these proceedings air corporations (transfer of undertakings and repeal) act, 1994 (act 13 of 1994) has come into force and we have not examined the scope of the impact of the repeal of the air corporation act upon the scope of circular in question since at the time of the issue of the circular and at the time when the high court considered the matter, the said ..... great detail the scope of the provisions of the air corporations act, 1953 [hereinafter referred to as 'the air corporations act'] and the rules framed thereunder with reference to the regulation in ..... of commander pilot under m/s damania travels but on account of regulation 13(b) and circular no aic/3/93 dated february 25, 1993 the respondent could not join the new post immediately which had placed an embargo on his employment and thus he sought for an interim order. .....

Air India Vs. Union of India and Others

Court : Supreme Court of India

Reported in : AIR1996SC666; [1995(71)FLR441]; JT1995(5)SC578; 1996LabIC597; (1996)IILLJ399SC; 1995(4)SCALE523; (1995)4SCC734; [1995]Supp2SCR175; 1995(3)SLJ185(SC); 1995(2)LC568(SC); (199

..... air india's case had been that its employees' terms and conditions of service were governed by the said regulations framed under section 45 of the air corporations act, 1953; that act having now been repealed, the said regulations no longer survived and the sheet-anchor of air india's bid to avert certification of standing orders under the standing orders act disappeared.5. mr. f.s. ..... by reason of section 11 thereof the air corporations act, 1953, stands repealed from that day, based upon this, ms. ..... air india was established under the air corporations act, 1953. ..... the air corporations (transfer of undertakings & repeal) act, 1994 came into force on 29th january 1994. ..... a director of the board, chairman, managing director or any other person entitled to manage the whole or a substantial part of the business and affairs of the corporation) serving in its employment immediately before the appointed day shall, in so far as such officer or other employee is employed in connection with the undertaking which has vested in a company by virtue of this act, become, as from the appointed day, an officer or other employee, as the case may be, of the company in which the undertaking ..... section 8 only protects the remuneration, terms and conditions and rights and privileges of those who were in air india's employment when the 1994 act came into force. .....

Indian Airlines Ltd. Vs. Prabha D. Kanan

Court : Supreme Court of India

Reported in : AIR2007SC548; JT2006(10)SC334; (2007)IILLJ113SC; 2006(12)SCALE58; (2006)11SCC67; 2007AIRSCW103; 2007(2)AIRKarR56(SC)

..... corporation) was constituted under the air corporation act, 1953 (for short 'the 1953 act ..... enacted air corporations (transfer of undertakings and repeal) act, 1994 (for short 'the 1994 act') whereby and whereunder, the right, title and interest ..... no evidence as to why she carried the suit case from mumbai or she had been handed over the suitcase at hyderabad and keeping in view the nature of investigation carried out by the customs authorities, the penalties imposed on her under section 114(i) of the customs act was held to be not sustainable stating:summing up, we find: (i) the investigation into this episode is not very thorough ..... is conferred may indicate that the power so conferred is unreasonable or arbitrary but it is obvious that providing such corrective machinery is only one of the several ways in which the power could be checked or controlled and its absence will be one of the factors to be considered along with several others before coming to the conclusion that the power so conferred is unreasonable or arbitrary; in other words mere absence of a corrective ..... and conditions of service of officers and other employees of the corporation other than the managing director and officers of any other categories referred to in section 44 of the 1953 act ..... : [1987]164itr1(sc) wherein the provisions of chartered accountants act, 1949 were upheld opining that although no hearing was required to be given but ..... chartered accountants of ..... in institute of chartered accountants of india v. l.k .....

Air India CabIn Crew Association Vs. Yeshawinee Merchant and ors.

Court : Supreme Court of India

Reported in : AIR2004SC187; 2003(4)ALD97(SC); 2003(4)ALLMR(SC)364; JT2003(5)SC413; (2003)IIILLJ1SC; 2003(5)SCALE208; (2003)6SCC277; 2003(2)LC1358(SC); (2003)2UPLBEC1852

..... . indian air lines and air india are separate entities after the air corporation act, 1953 was repealed and substituted by repealing act of 1994 ..... the affidavit filed before the high court on behalf of the central government reads thus:-'for the sake of abundant caution, i reiterate that the first directive dated 16.10.1989 was issued under section 34 of the air corporations act, 1953, and that the second directive dated 29.12.1989 was issued under the provisions of the said section 34 of the said act in clarification of the earlier first directive, and in the premises the second reactive had to be mandatorily implemented by air india corporation as it was then known.67 ..... ), the high court of bombay has held that the age of retirement from flying duties of air hostesses at the age of 50 years with option to them to accept post for ground duties after 50 and up to the age of 58 years is discrimination against them based on sex which is violative of articles 14, 15 & 16 of the constitution of india as also section 5 of the equal remuneration act, 1976 (for short the er act) and contrary to the mandatory directions issued by the central government under section 34 of the air corporations act, 1953 (for short act of 1953).3. .....

R. S. Madireddy Vs. Union Of India

Court : Supreme Court of India

..... with the repeal of the act of 1953 by the air corporations(transfer of undertakings) act, 1994, air india merged with indian airlines and upon incorporation, respondent no.3(ail) became a wholly government owned company and, thus, came under the category of other authorities within the meaning of article 12 of the constitution of india. ..... where the nature of the relief, as originally sought, has become obsolete or unserviceable or a new form of relief will be more efficacious on account of developments subsequent to the suit or even during the 9 (1975) 1 scc77010 (2003) 1 scc72611 (2003) 7 scc2195 appellate stage, it is but fair that the relief is moulded, varied or reshaped in the light of updated facts. ..... to overcome the difficulties, lord gardiner (the lord chancellor) in pursuance of section 3(1)(e) of the law commission act, 1965, requested the law commission to review the existing remedies for the judicial control of administrative acts and omissions with a view to evolving a simpler and more effective procedure . ..... we may further observe that in case the appellants choose to approach the appropriate forum for ventilating their grievances as per law in light of the observations made by the division bench of the bombay high court, section 14 of the limitation act, 1963 shall come to the rescue insofar as the issue of limitation is concerned.44. ..... it was implemented by rules of court (order53) in 1977 and given statutory force in 1981 by section 31 of the supreme court act, 1981. .....

Municipal Corporation of the City of Ahmedabad and ors. Vs. State of G ...

Court : Supreme Court of India

Reported in : AIR1972SC1730; (1972)1SCC802; [1973]1SCR1

..... (hereinafter called the corporations act) and prayed for the issue of a writ of mandamus directing the municipal corporation of the city of ahmedabad to treat the notice or notices issued to them under section 212 of the corporations act as null and void and further directing the municipal authorities not to act upon the same or in furtherance of the said notice ..... followed with which we are not now concerned and thereafter on 6-2-1965, girdharlal filed the writ petition in the high court for the relief already referred to, his contention was that section 212 and certain other allied sections of the corporations act were ultra vires and unconstitutional and hence the notices issued under section 212 were illegal.5. ..... the building of girdharlal came within this regular line and so on 3-4-1962 the commissioner issued a show cause notice under section 212(1)(b) of the corporations act calling upon girdharilal to show cause why superstructure standing upon the aforesaid survey numbers and lying within the regular line of the street be not removed and the land thereunder be acquired under the provisions of the act for the purposes of a street. ..... may in some rare contingencies be very much reduced after taking into account the value of the benefit conferred on the owner by reason of the widening of the street is no adequate reason to hold that the act does not provide for payment of compensation. ..... this act, the previous statute namely the bombay municipal boroughs act, 1925, was repealed.4 .....

Sulochana Chandrakant Galande Vs. Pune Municipal Transport and ors

Court : Supreme Court of India

..... after vesting the land in the state, in case, the state authority allots the land to any other department or corporation for a specific purpose, it does not loose the competence to change the user of the land and in case, it is changed, the original tenure holder cannot be heard raising any grievances whatsoever. ..... 1018 of 1999 before the high court of maharashtra and the said writ petition has been allowed vide judgment and order dated 20.02.2006 in spite of the fact that the act, 1976 stood repealed by the urban land (ceiling and regulation) repeal act, 1999 (hereinafter called `act 1999') with effect from 18.03.1999. ..... , air 2001 sc 3431, this court held that the terminology `free from all encumbrances' used in section 16 of the act 1894, is wholly unqualified and would en-compass the extinguishing of "all rights, title and interests including easementary rights" when the title vests in the state ..... therefore, in a case, where the possession has been taken, the repeal of the act would not confer any benefit on the owner of the land. ..... the act, 1976, itself stood repealed and is no more in force ..... the act stood repealed in 1999, but the proceedings pending in any court would stand abated provided the tenure-holder was in possession of the land on the date of the commencement of the act 1999. ..... , the act, 1976, stood repealed by the act 1999. ..... the act, 1976, stood repealed, but this fact would have no bearing on this case for the reason that possession of the suit land had been taken in 1979 .....

Balwant Rai Saluja and anr Etc.Etc. Vs. Air India Ltd.and ors.

Court : Supreme Court of India

..... by virtue of section 3 of the air corporations (transfer of undertakings and repeal) act, 1994, air india has vested in indian airlines ..... division bench have interfered with the finding of fact recorded in the common award passed by the cgit by disagreeing with the findings and reasons recorded by the cgit and holding that the hci is a subsidiary corporation of air india and it has got 100% share holding and power to appoint the directors of the hci and after referring to the decisions of this court in kanpur suraksha karamchari union case (supra), it held that it is a separate legal entity which finding of ..... it was held that in the absence of a statutory provision, a commercial corporation acting on its own behalf, even though it was controlled, wholly or partially, by a government department would be ordinarily presumed not to be a servant or agent of the ..... he has requested this court to set aside the findings of fact recorded by the learned single judge, which are concurred with by the division bench in the impugned judgment and order as it is vitiated not only on account of erroneous finding for non consideration of the proved facts and legal evidence on record but also suffers from error of law as has been laid down by this court in catena of cases referred to supra upon which the learned senior ..... air india limited was constituted under the air corporations act, 1953 ..... the accounts pertaining to a canteen in a government factory may be audited by its departmental accounts officers .....

Tara Chand Khatri Vs. Municipal Corporation of Delhi and ors.

Court : Supreme Court of India

Reported in : AIR1977SC567; 1977LabIC55; (1977)ILLJ331SC; (1977)1SCC472; [1977]2SCR198

..... section 516(1)(a) of the delhi municipal corporation act, 1957 which came into force in january, 1958, the delhi road transport authority act, 1950, was repealed and the functions of the delhi road transport authority were taken over by the corporation by virtue of several other provisions of the act ..... ramamurthi has vehemently contended that the appointing authority of the appellant being the commissioner under section 92 of the delhi municipal corporation act, 1957 (hereinafter referred to as 'the act'), his dismissal from service by the deputy commissioner (education) - an authority subordinate to ..... under section 92 of the delhi municipal corporation act, 1957, the petitioner could be appointed only by the commissioner and under section 95 of the said act, he should ..... advanced on behalf of the petitioner that the orders of the chief of the army staff confirming the proceedings of the court-martial under section 164 of the army act and the order of the central government dismissing the appeal of the petitioner under section 165 of the army act were illegal and ultra vires as they did not give reasons in support of the orders, the constitution bench of this court summed up the legal position ..... 2449 (n) of 1969 delivered on january 8, 1976) (reported in air 1976 sc 2301 is also not helpful to the appellant as in that case, the appointment was in fact made by the commissioner while the dismissal was by ..... union of india air 1967 sc 862; mahabir ..... hajelay air 1972 sc 2452 sought to be .....