AIR INDIA versus UNION OF INDIA AND OTHERS

AIR INDIA versus UNION OF INDIA AND OTHERS

Section 8 of the Air Corporation (Transfer of Undertakings and Repeal) Act, 1994 does not expressly save or mention the Air India Employees Service Regulations; it only protects terms and conditions of service for employees as on the date of repeal. Thus, the Regulations ceased to be effective from 29th January, 1994.

Parties
Appellant: Air India; Respondents: Union of India and Others
Jurisdiction
India
Judgment Date
18 July 1995
Procedural Posture
Civil Appeal / Supreme Court Appellate Judgment Following Dismissal of Writ Petition by Delhi High Court
Outcome
Appeal dismissed with costs.
Legal Topics
Repeal of Statutes, Savings of Subordinate Legislation, Employment Regulations, Standing Orders
Administrative Law Service Law Repeal of Statutes Savings of Subordinate Legislation Employment Regulations Standing Orders

Case Brief

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Parties

Air India

Appellant

Union of India and Others

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appellate Judgment Following Dismissal of Writ Petition by Delhi High Court

Legal Issues

  1. 1 Whether subordinate legislation survives repeal of the parent Act in absence of a saving clause in the repealing Act
  2. 2 Whether Air India Employees Service Regulations framed under Air Corporations Act, 1953 continued after its repeal by the Air Corporations (Transfer of Undertakings and Repeal) Act, 1994

Ratio Decidendi

Section 8 of the Air Corporation (Transfer of Undertakings and Repeal) Act, 1994 does not expressly save or mention the Air India Employees Service Regulations; it only protects terms and conditions of service for employees as on the date of repeal. Thus, the Regulations ceased to be effective from 29th January, 1994.

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal fails and is dismissed with costs.