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 By reason of Section II thereof the Air Corporations Act, 1953, stands repealed from that day. Based upon this, Ms Jaising, appearing for Air Indias employees, has raised a contention that goes to the root. Air Indias, 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governed by the said Regulations framed under Section 45 of the Air Corporations Act, 1953, that Act having now been repealed, the said Regulations no longer survived and the sheet-anchor of Air Indias bid to avert certification of Standing Orders under the Standing Orders Act disappeared.

(5) MR F.S. Nariman, learned Senior Counsel for Air India, submitted that the said Regulations were saved by Section 8 of the 1994 Act which reads thus:

"8. Provisions in respect of officers and other employees of corporations.- (1 Every officer or other employee of a corporation (except 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, insofar 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 has vested and shall hold his office or service therein by the same tenure, at the same remuneration, upon the same terms and conditions, with the same obligations and with the same rights and privileges as to leave, passage, insurance, superannuation scheme, provident fund, other funds, retirement, pension, gratuity and other benefits as he would have held under that corporation if its undertaking had not vested in the company and shall continue to do so as an officer or other employee, as the case may be, of the company or until the expiry of a period of six months from the appointed day if such officer or other employee opts not to be the officer or other employee of the company, within such period.

(2 Where an officer or other employee of a corporation opts under Ss. (1 not to be in the employment or service of the company in which the undertaking of that corporation has vested, such officer or other employee shall be deemed to have resigned.

(3 Notwithstanding anything contained in the Industrial Disputes Act, 1947 (14 of 1947 or in any other law for the time being in force, the transfer of the services of any officer or other employee of a corporation to a company shall not entitle such officer or other employee to any compensation under this Act or under any other law for the time being in force and no such claim shall be entertained by any court, tribunal or other authority.

(4 The officer