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2006 Supreme(SC) 1090

DALVEER BHANDARI, S.B.SINHA
Indian Airlines LTD. – Appellant
Versus
Prabha D. Kanan – Respondent


JUDGMENT

S.B. Sinha, J. - Leave granted in S.L.Ps.

2. Constitutionality and/ or validity of Regulation 13 of the Indian Airlines (Flying Crew) Service Regulations (for short "the Regulations") is in question in these appeals which arise out of a judgment and order dated 30th August, 2005 passed by the High Court of Bombay in Writ Petition No. 2030 of 2003.

3. Indian Airlines Ltd. (Corporation) was constituted under the Air Corporation Act, 1953 (for short "the 1953 Act). Regulations were framed by Appellant No. 1 in the year 1994 by Act No. 13 of 1994. The Parliament enacted Air Corporations (Transfer of Undertakings and Repeal) Act, 1994 (for short "the 1994 Act") whereby and whereunder, the right, title and interest of Indian Airlines were transferred to Indian Airlines Limited. In terms of Section 45 of the 1953 Act, the Corporation made Regulations. Regulation 13 of the said Regulations is in the following terms:

"13. The services of an employee may be terminated without assigning any reasons to him/her and without any prior notice but only on the following grounds not amounting to misconduct under the Standing Orders, namely:

(a)If he/she is, in the opinion of the Company (the

















































































































































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