Court : Supreme Court of India
Reported in : 2012(1)KLT3(SN); 2012(1)SCC619; AIR2011SCW6666; 2012(3)SCJ222
..... 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 the ..... it was indicated that in respect of new entrants there would be interchangeability in the job functions between male and female members of the cabin crew to ensure optimum utilization of the existing work force and the standard force to be maintained, without affecting the promotional avenues of the work force then in existence and that the uniform conditions of service were to be maintained. ..... it was further held that the two cadres of male and female cabin crew members came to be merged only after 1997 and such merger applied to fresh recruits and the conditions of service and distinction between the two cadres would continue with regard to the existing cabin staff up to the year 1997. 10. .....
Tag this Judgment!Court : Mumbai
..... 2006(ii) scc 67 wherein it has held that indian airlines flying crew services regulations (one of the notified regulations) has ceased to be effective on the repeal of the air corporations act, 1953 as the regulations were framed thereunder. 13. ..... this section prohibits any change in conditions of service unless notice of at least 21 days of proposed changes in conditions of service is given in the prescribed manner to the ..... the issue arising in all these petitions are similar, for the sake of convenience, we set out the facts from writ petition no.1606 of 2013 which are as under:- (a) the members of the petitioner-union are technical and nontechnical employees working with erstwhile air india limited which is now a part of a merged/ amalgamated (transferee entity) called air india limited; (b) the erstwhile air india and indian airlines were formed as statutory corporations under the air corporations act, 1953. ..... the government of india then set up three member committee to look into the dharmadhikari's committee report and also record a time schedule for its implementation; (o) the petitioners by their letter dated 28 june 2013 to the executive director of air india limited raised objections to the recommendations made by justice dharmadhikari's ..... particular, objection was in respect of fixing of interse seniority of different cadres and requested that the same may not be enforced on its members; (p) on receipt of the report of the three member committee, a cabinet note was prepared. .....
Tag this Judgment!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 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. ..... the grievance of the members as espoused by the petitioner pertains to the terms and conditions of service, payscales and flight related allowances, benefits and allied matters.6. ..... however, for ready reference, i reproduce here below the data in respect of crew complement as compiled by the said apdc for the member airlines vis-a-vis in comparison with air india's revised crew complement:------------------------------------------------------aircraftg crew complement air india complement airlines revised------------------------------------------------------b-400 16 british airways 1615 south african airways 15-16 lufthansa 16 qantas 16 japan airlines 17cathay pacific a-310 8 emirates 8a-332 8 sabena airlines (232 seats) b-777 9 american 11747-400 8 klm combined 12 -----------------------------------------------------22. .....
Tag this Judgment!Court : US Supreme Court
..... 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. ..... justice story in his concurring opinion in the dartmouth college case, suggested that when the legislature was enacting a charter for a corporation, a provision in the statute reserving to the legislature the right to amend or repeal it must be held to be a part of the contract itself, and the subsequent exercise of the right would be in accordance with the contract, and could not therefore impair its obligation. ..... and while we are conscious that no definition at once comprehensive and satisfactory can be here laid down of what those rights and powers are that remain to the stockholders and the creditors of such a corporation after the act of repeal, we are of opinion that the foregoing observations are sufficient for the case before us. ..... a short reference to the origin of this reservation of the right to repeal charters of corporations may be of service in enabling us to decide upon its office and effect when called into operation by the legislative exercise of the power. .....
Tag this Judgment!Court : Andhra Pradesh
..... 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. ..... 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. ..... air india limited filed counter-affidavits contending that notwithstanding the repeal of the air corporations act, 1953, the service regulations are applicable to those who joined service prior to repeal act, 1994 as clarified by the supreme court in indian airlines limited v. ..... 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. ..... the question whether the regulations framed under the air corporations act, 1953 continue to be effective after the repeal of the air corporations act, 1953 fell for consideration in air india v. ..... 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. .....
Tag this Judgment!Court : Mumbai
Reported in : [2005(107)FLR454]
..... meanwhile the air corporations (transfer of undertakings and repeal) act, 1994 came into effect and by section 11 repealed the air corporations act, 1953. ..... now, what is material to note is that these regulations are framed under section 45 of the air corporations act, 1953. ..... disciplinary proceedings which have been initiated prior to his retirement, the employee shall attend the pending enquiry/disciplinary proceedings till the completion of the same in the same manner, discipline and obedience as if he was in service failing which departmental head should be within his right to withhold his retirement dues and post-retiremental facilities and benefits.an ex-parte departmental enquiry shall be conducted in case the concerned employee repeatedly fails to respond ..... it is then alleged that they incited and instigated the members of ipc not to operate the flights lo kuwait, singapore and hong kong, then the following charge is added:the above alleged act amounts to misconduct under the certified standing orders and you are therefore hereby charged under the certified standing orders as under:clause 19(2)(xviii) distribution or exhibition of any newspapers, handbills, pamphlets or posters on the premises of ..... 205 of 2004 was its 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
..... 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. ..... 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. ..... air india limited filed counter-affidavits contending that notwithstanding the repeal of the air corporations act, 1953, the service regulations are applicable to those who joined service prior to repeal act, 1994 as clarified by the supreme court in indian airlines limited v. ..... 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. ..... the question whether the regulations framed under the air corporations act, 1953 continue to be effective after the repeal of the air corporations act, 1953 fell for consideration in air india v. ..... 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. .....
Tag this Judgment!Court : Delhi
..... . the supreme court, in air india (supra), was concerned with the air india employees service regulations, 1963 (hereinafter referred to as the 1963 regulations ), which were framed by air india under section 45 of the air corporations act, and governed the terms and conditions of the employees of air india.12 ..... . 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 29th january, 1994.19 ..... . indian airlines and air india international were both established by section 3 of the air corporations act, 1953 (hereinafter referred to as the air corporations act ), w.e.f ..... . section 11 of the said act repealed the air corporations act, from that day, i.e. w.e.f ..... . relying thereon, the employees of air india sought to contend, before the supreme court, that, with the repeal of the air corporations act, the 1963 regulations also perished ..... . the air corporations act 1953 stood repealed from the appointed day ..... . since the act of 1953 repealed, the standing orders (regulation) framed under the old act were saved .....
Tag this Judgment!Court : Delhi
Reported in : 2006(3)SLJ461(Delhi)
..... the petitioner-indian airlines was initially incorporated as a corporation under the air corporations act, 1953 (hereinafter referred to as the air act, for short).2. ..... under section 45 of the air act, the petitioner had framed regulations relating to terms and conditions of service of its officers and its employees.3. ..... the supreme 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 re-enacted. ..... it may be stated here that the repeal act, 1994 repealed the air act and the supreme court held that upon repeal of the parent statute with the enactment of the repeal act, 1994, the subordinate legislation i.e. .....
Tag this Judgment!Court : Delhi
..... . the supreme court, in air india (supra), was concerned with the air india employees service regulations, 1963 (hereinafter referred to as the 1963 regulations ), which were framed by air india under section 45 of the air corporations act, and governed the terms and conditions of the employees of air india.12 ..... . 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 29th january, 1994.19 ..... . indian airlines and air india international were both established by section 3 of the air corporations act, 1953 (hereinafter referred to as the air corporations act ), w.e.f ..... . section 11 of the said act repealed the air corporations act, from that day, i.e. w.e.f ..... . relying thereon, the employees of air india sought to contend, before the supreme court, that, with the repeal of the air corporations act, the 1963 regulations also perished ..... . the air corporations act 1953 stood repealed from the appointed day ..... . since the act of 1953 repealed, the standing orders (regulation) framed under the old act were saved .....
Tag this Judgment!