INDIAN AIRLINES LTD Vs. PRABHA D KANAN
LAWS(SC)-2006-11-36
SUPREME COURT OF INDIA (FROM: BOMBAY)
Decided on November 10,2006

INDIAN AIRLINES LTD.,PRABHA D.KANAN Appellant
VERSUS
INDIAN AIRLINES LTD.,PRABHA D.KANAN Respondents





Cited Judgements :-

M/S. COSMO FERRITES LTD. VS. STATE OF H.P. & OTHERS [LAWS(HPH)-2016-10-32] [REFERRED TO]
D. RAMESHAN AND ORS. VS. STATE OF KERALA AND ORS. [LAWS(KER)-2019-10-363] [REFERRED TO]
SHRI ACHOM THAMBALNGOU SINGH VS. STATE OF MANIPUR [LAWS(MANIP)-2017-6-1] [REFERRED TO]
GUJARAT ELECTRICITY TRANSMISSION CO LTD ANR VS. KANAIYALAL SHAMJIBHAI MOHANI [LAWS(GJH)-2013-11-219] [REFERRED TO]
BHARAT PETROLEUM CORPORATION LIMITED VS. MEGHAL R THAKKAR , PROPRIETOR OF SHREE VASUDEV TRANSPORT AND ORS [LAWS(GJH)-2014-3-190] [REFERRED TO]
KAMLESH PRASAD VS. HIGH COURT OF MP [LAWS(MPH)-2012-9-179] [REFERRED TO]
Deo Karan Jath VS. Bharat Coking Coal Ltd. [LAWS(JHAR)-2009-3-59] [REFERRED TO]
TORRENT POWER LTD & 1 ORS VS. CHELABHAI NATHABHAI LUHAR & 2 ORS [LAWS(GJH)-2017-1-111] [REFERRED TO]
BANIBRATA DAS VS. STATE OF WEST BENGAL [LAWS(CAL)-2008-1-37] [REFERRED TO]
DHANALAKSHMI SRINIVASAN SUGARS PRIVATE LTD VS. STATE OF TAMILNADU [LAWS(MAD)-2009-4-541] [REFERRED TO]
BINOD KARMAKAR,SON OF BIKASH KARMAKAR VS. STATE OF ASSAM [LAWS(GAU)-2021-2-14] [REFERRED TO]
SHREE GANESH TRADING COMPANY VS. HINDUSTAN PAPER CORPORATION LTD. [LAWS(GAU)-2009-7-47] [REFERRED TO]
AJAY VS. SUJITH [LAWS(KER)-2017-2-63] [REFERRED TO]
RAM BABU DWIVEDI VS. STATE OF UP [LAWS(ALL)-2009-3-41] [REFERRED TO]
STATE OF M P VS. HAZARILAL [LAWS(SC)-2008-2-61] [REFERRED TO]
DIVISIONAL CONTROLLER VS. M G VITTAL RAO [LAWS(SC)-2011-11-34] [REFERRED TO]
CHURCHILL BROTHERS SPORTS CLUB PVT. LTD. VS. UNION OF INDIA AND ORS. [LAWS(DLH)-2016-1-81] [REFERRED TO]
UNION OF INDIA VS. SUBHOJIT DUTTA [LAWS(CAL)-2009-4-32] [REFERRED TO]
S MURALIDHARAN VS. GOVERNMENT OF INDIA [LAWS(MAD)-2010-4-598] [REFERRED TO]
VIJAY KUMAR GUPTA VS. STATE OF MAHARASTRA [LAWS(BOM)-2008-3-113] [REFERRED TO]
MADHAVSING VS. STATE OF MAHARASHTRA [LAWS(BOM)-2023-4-82] [REFERRED TO]
PRINCIPAL S V DOSHI GIRLS HIGH SCHOOL VS. LILABEN SOMABHAI GADASA [LAWS(GJH)-2012-6-2] [REFERRED TO]
SARDARJI MAGANJI WAGHELA VS. UNIONOF INDIA [LAWS(GJH)-2009-2-34] [REFERRED TO]
SARDARJI MAGANJI WAGHELA VS. UNION OF INDIA [LAWS(GJH)-2009-2-97] [REFERRED TO]
KALAKAR CHAKRA VS. ORISSA GRAMYA BANK [LAWS(ORI)-2016-5-12] [REFERRED TO]
RAJ KUMAR SINGH VS. STATE OF BIHAR [LAWS(PAT)-2012-5-65] [REFERRED TO]
JITENDRA KUMAR VS. STATE OF HARYANA [LAWS(SC)-2007-12-118] [REFERRED TO]
JOHNSON AND JOHNSON LTD. VS. GAJENDRA SINGH RAWAT [LAWS(DLH)-2016-9-14] [REFERRED TO]
P.C. GEORGE MLA VS. STATE OF KERALA [LAWS(KER)-2020-11-8] [REFERRED TO]
KHADEEJA NARGEES VS. STATE OF KERALA [LAWS(KER)-2020-8-593] [REFERRED TO]
MODI INDUSTRIES LTD. VS. PRESCRIBED OFFICER LABOUR COURT AGRA [LAWS(ALL)-2020-1-327] [REFERRED TO]
SANTOSH SINGH VS. CENTRAL BANK OF INDIA THRU ITS CHAIRMAN, MUMBAI & OTHERS [LAWS(ALL)-2018-9-109] [REFERRED TO]
G KATHIRVEL VS. SUPERINTENDENT OF POLICE [LAWS(MAD)-2008-12-41] [REFERRED TO]
MOHAMMED ABDUL HAMEED VS. ZULFIKHAR AHMED [LAWS(APH)-2013-7-46] [REFERRED TO]
SHALINI CHINGTHAM VS. MANIPUR PUBLIC SERVICE COMMISSION [LAWS(MANIP)-2019-10-6] [REFERRED TO]
VERIZON DATA SERVICES INDIA P LTD VS. AUTHORITY FOR ADVANCE RULINGS AND OTHERS [LAWS(MAD)-2011-8-609] [REFERRED]
S SURENDRANATH VS. AIR INDIA LIMITED [LAWS(MAD)-2011-6-141] [REFERRED TO]
JEETENDRA KRISHNA VARMA VS. AIR INDIA LTD [LAWS(BOM)-2019-2-83] [REFERRED TO]
S.V.S. RAGHUVANSHI VS. NATIONAL SEEDS CORPORATION LTD. & ANR. [LAWS(DLH)-2013-8-414] [REFERRED TO]
KSHETRA PAL SINGH VS. NCT OF DELHI & ORS. [LAWS(DLH)-2013-1-407] [REFERRED TO]
LOGANATHAN VS. DIRECTOR GENERAL RAILWAY PROTECTION FORCE NEW DELHI [LAWS(MAD)-2008-11-158] [REFERRED TO 6.]
AIR INDIA LIMITED FORMERLY NATIONAL AVIATION COMPANY OF INDIA LIMITED VS. S P D SUDHAKAR [LAWS(APH)-2012-10-8] [REFERRED TO]
CHAIRMAN ALL INDIA RAILWAY REC BOARD VS. K SHYAM KUMAR [LAWS(SC)-2010-5-78] [REFERRED TO]
TEJ DEEN VS. H.R.T.C. [LAWS(HPH)-2008-4-19] [REFERRED TO]
COSMO FERRITES LTD VS. STATE OF H P & OTHERS [LAWS(HPH)-2016-10-104] [REFERRED TO]
SOOPPY NARIKKATTERI VS. STATE ELECTION COMMISSION [LAWS(KER)-2020-2-62] [REFERRED TO]
KUNHALI VS. TAHSILDAR [LAWS(KER)-2021-1-117] [REFERRED TO]
BIDHANNAGAR SALT LAKE WELFARE ASSON VS. CENTRAL VALUATION BOARD [LAWS(SC)-2007-5-191] [RELIED ON]
DIPAK CHOUDHURY VS. STATE OF WEST BENGAL [LAWS(CAL)-2008-5-18] [REFERRED TO]
LAKSHMI MATRICULATION SCHOOL VS. STATE OF TAMIL NADU THE SECRETARY TO GOVERNMENT EDUCATION DEPARTMENT [LAWS(MAD)-2012-5-1] [REFERRED TO]
ANURAG TIWARI VS. UNION OF INDIA [LAWS(ALL)-2010-5-32] [REFERRED TO]
S.V. VASUDEVA MURTHY VS. UNION OF INDIA (UOI) AND ORS. [LAWS(CA)-2009-2-19] [REFERRED TO]
HARINDER GAUTAM VS. NATIONAL INSTITUTE OF PUBLIC FINANCE AND POLICY THROUGH ITS CHAIRMAN [LAWS(CA)-2008-12-14] [REFERRED TO]
UTTAMRAO SHIVDAS JANKAR VS. RANJITSINH VIJAYSINH MOHITE PATIL [LAWS(SC)-2009-5-3] [REFERRED TO]
RANGADHAR NAYAK VS. FERTILIZER CORPORATION OF INDIA, LTD. AND ORS. [LAWS(ORI)-2009-11-67] [REFERRED TO]
AIR INDIA AIRCRAFT ENGINEERS' ASSOCIATION VS. AIR INDIA LTD [LAWS(BOM)-2013-4-3] [REFERRED TO]
BALINDER SINGH VS. THE STATE OF BIHAR AND ORS. [LAWS(PAT)-2015-5-63] [REFERRED TO]
MADAN PAL SINGH VS. UNION OF INDIA [LAWS(CAL)-2011-3-58] [REFERRED TO]
CROMPTON GREAVES LTD VS. SHARAD MAHESHWARI [LAWS(MPH)-2014-8-46] [REFERRED TO]


JUDGEMENT

S. B. Sinha, J. - (1.)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 Board of Directors of Indian Airlines) incompetent and unsuitable for continued employment with the Company and such incompetence and unsuitability is such as to make his/her continuance in employment detrimental to the interest of the Company;

OR

if his/her continuance in employment constitutes, in the opinion of the Company (the Board of Directors of Indian Airlines), a grave security risk making his/her continuance in service detrimental to the interests of the Company;

OR

if in the opinion of the Company (the Board of Directors of Indian Airlines) there is such a justifiable lack of confidence which, having regard to the nature of duties performed, would make it necessary in the interest of the Company, to immediately terminate his/her services.

(b) No employee shall resign from the employment of the Company without giving six months notice in writing to the Company of his/ her intention to resign; Provided that Managing Director of the Company may dispense with or reduce the period of six months on grounds of continued ill-health of the employee or such other compelling or extraordinary circumstances which in the opinion of the Managing Director warrant such dispensing with or reduction in the period of notice :

Provided further that the Company will be at liberty to refuse to accept termination of his/ her services by an employee where such termination is sought in order to avoid disciplinary action contemplated or taken by the Management."



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