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PETITIONER: JESTAMANI GULABRAI DHOLKIA AND OTHERS
Vs.
RESPONDENT: THE SCINDIA STEAM NAVIGATION COMPANY, BOMBAY AND OTHERS
DATE OF JUDGMENT: 30/11/1960
BENCH: WANCHOO, K.N. BENCH: WANCHOO, K.N. GAJENDRAGADKAR, P.B.
CITATION: 1961 AIR 627 1961 SCR (2) 811 CITATOR INFO : D 1970 SC 823 (10) RF 1977 SC1112 (10) R 1988 SC 876 (14)
ACT: Industrial Dispute--Employee loaned to existing air company, if and when its employee--Air Corporations Act, 1953 (XXVII of 1953), S. 20(1).
HEADNOTE: Section 20(1) of the Air Corporations Act, 1953 (XXVII of 1953), read with the proviso, is a perfectly reasonable provision and in the interest of the employees and it is not correct to say that it can apply only to the direct recruits of the existing air 812 companies and not at all to loaned employees working under them. The two conditions of its applications are (i) that the officer or employee was employed by the existing air company on July 1, 1952, and (ii) that he was still in its employment on August 1, 1953, the appointed day. In the instant case where the appellants who had been recruited by the Scindia Steam Navigation Co., Ltd., and on purchase by it of the Air Services of India Ltd., loaned to the latter, and were working under its direction and control on and between the said dates and being paid by it, Held, that in law they were the ...