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1995 Supreme(SC) 733

A. M. AHMADI, S. P. BHARUCHA
Air India LTD. – Appellant
Versus
Union Of India – Respondent


Advocates:
ADESH AGRAWAL, Altaf Ahmed, C.V.SUBBA RAO, F.S.NARIMAN, G.DARA, INDIRA JAISINGH, JITENDRA SHARMA, K.R.NAGARAJA, KIRAN ACHARYA, LALIT BHASIN, M.N.SHROFF, NINA GUPTA, NIRAJ SHARMA, P.Gaur, R.P.Srivastava, S.N.TERDAL, S.SINHA, VINIT KUMAR

Judgment

S.P.BHARUCHA, J.

(1) SPECIAL leave granted.

(2) THE appeal impugns a judgment of the Delhi High court. The appellant is Air India.

(3) AIR India was established under the Air Corporations Act, 1953. Under the provisions of Section 45 thereof, the Air India Employees Service Regulations, 1963, were framed with the consent of the central government. The said Regulations governed the terms and conditions of service of Air Indias employees. In or about the year 1982 the Deputy Chief Labour Commissioner, Delhi, initiated proceedings against Air India under the provisions of the Industrial Employment (Standing Orders) Act, 1946, for certification of Standing Orders. Air India contended that the Standing Orders Act did not apply to it. The contention was rejected and Standing Orders were certified. Air Indias appeal was rejected. Air India then filed the writ petition upon which the order under appeal was passed. The High court held that the Standing Orders Act was a special Act and applied to Air Indias employees.

(4) THE Air Corporations (Transfer of Undertakings and Repeal) Act, 1994 came into force on 29/1/1994. By reason of Section I
















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