Judgment-

RANGANATH MISRA

( 1 ) UNDER the Burmah Shell (Acquisition of Undertakings in India) Act 2 of 1976, (hereinafter referred to as the act), the Union of India acquired the right, title and interest of Burmah Shell Oil Storage and Distributing Company of India Limited (hereinafter referred to as Burmah Shell) in relation to its undertakings in India. Sections 3, 4 and 9 of the Act are relevant. Under S. 3 the right, title and interest of Burmah Shell in relation to its undertakings in India stood transferred and became vested in the Central Government. In terms of S. 4, the assets and liabilites were taken over by the Government of India. Under S. 9 persons employed under Burmah Shell came under the employment of the Government company known as Bharat Petroleum Corporation Limited (respondent No. 1 herein ). Section 10 (1) provides thus :-

"where a provident, superannuation, welfare or other fund has been established by Burmah Shell for the benefit of the persons employed by it in connection with its undertakings in India, the monies relatable to the employees-

(I) whose services are transferred by or under this Act to the Central Government or the Government company; or

(II) who