TMI Blog1995 (7) TMI 425X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 India s 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 India s employees. The Air Corporations (Transfer of Undertakings Repeal) Act, 1994 came into force on 29th January 1994. By reason of Section 11 thereof the Air Corporations Act, 1953, stands repealed from that day. Based upon this, Ms. Jaisinh, appearing for Air India ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... und, 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 an officer or others 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 sub-section (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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... all be entitled to any compensation against that corporation or against the company, as the case may be, for the loss of office or for the premature termination of any contract of management entered into by him with that corporation. In Watson vs. Winch, (1916) 1 K.B. 688, Lord Reading, C.J., said : It would follow that any by-law made under a repealed statute ceases to have any validity unless the repealing Act contains some provisions preserving the validity of the by-law notwithstanding the repeal. Sankey, J.,concurring, said : When a statute is repealed any by-law made thereunder ceases to be operative unless there is a saving clause in the new statute preserving the old by-law. There appear to be two reasons for this ..... X X X X Extracts X X X X X X X X Extracts X X X X
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