M S SHIVANANDA H S RAMCHANDRA Vs. KARNATAKA STATE ROAD TRANSPORT CORPORATION:KARNATAKA STATE ROAD TRANSPORT CORPORATION

JUDGEMENT

(1.) THIS appeal, by special leave, directed against a judgment of the Karnataka High Court dated 26/07/1978 and the connected petitions under Article 32 of the Constitution, raise a common question. It would, therefore, be convenient to dispose them of by this common judgment.

(2.) THE short question involved in these cases is, whether the employees of the erstwhile contract carriage operators in the State of Karnataka acquired a vested right of absorption in service with the Karnataka State Road Transport Corporation under sub-cl. (3) to Cl. 20 of the Karnataka Contract Carriages (Acquisition) Ordinance, 1976.

(3.) IT appears that although as many as 785 contract carriages were notified for acquisition, only 601 vehicles were actually acquired. The change in the ratio of absorption from 7.9 per vehicle under sub-cl. (3) to Cl. 20 of the Ordinance to 4.45 per vehicle under sub-section (3) of S.19 of the Act adversely affected a large number of employees of the erstwhile contract carriage operators. A large number of writ petition were, therefore, filed in the High Court challenging the vires of the proviso to sub-sec. (3) of S. 19 of the Act on various grounds, but by the judgment under appeal the High Court has repelled all the contentions. Thereafter, the remaining writ petitions were all withdrawn.