R.S. TRAVELS BY ITS PROPRIETOR K.T. RAJASHEKAR AND OTHERS Vs. THE KARNATAKA STATE ROAD TRANSPORT CORPORATION WORKERS AND OTHERS

JUDGEMENT

(1.) THESE appeals arise out of and are directed against the order passed by the learned single Judge of this Court in W.P. Nos. 33120 to 33121 of 2003 and connected cases dated 16.12.2004, wherein the learned single Judge has held that the writ petitions filed by the Karnataka State Road Transport Corporation (KSRTC) Staff and Workers Federation in W.P. Nos. 8512 and 8513 of 2004 are maintainable and Section 3 of the Karnataka Act No. 9/2003 - Karnataka Motor Vehicles Taxation and Certain Other Law (Amendment) Act, 2003 (hereinafter referred to as the Karnataka Act No. 9/2003) repealing the Karnataka Contract Carnages (Acquisition) Act, 1976 (hereinafter referred to as ('the KCCA Act') is unconstitutional and invalid and declared as such. The learned single Judge has further held that the Secretary, Karnataka State Transport Authority (for short, 'STA'), cannot exercise power under Rule 56 of the Karnataka Motor Vehicles Rules to discharge the functions under Section 68 of the Motor Vehicles Act and has further issued certain directions to the Government for their guidance.

(2.) W .A. Nos. 5466 to 5503 of 2004 and W.A. Nos. 63 to 152 of 2005 are filed by persons, who are not parties to the writ petitions, being aggrieved by the order passed in W.P. Nos. 8512 to 8513 of 2004 dated 16.12.2004, wherein the learned single Judge has held that repeal of the KCCA Act is unconstitutional.

(3.) W .A. Nos. 170 to 196 of 2009 are filed by the STA and Road Transport Authority (for short, RTA) and the State of Karnataka being aggrieved by the order of the learned single Judge passed in W.P. Nos. 33120 to 33121 of 2003 and W.P. Nos. 33237 to 33239 of 2003 connected with W.P. Nos. 48429 to 48438, 46814, 46815, 46816, 46817, 49936, 49937, 51804 to 51807 of 2003 and 8512 to 8513 of 2004 dated 16.12.2004, wherein the learned single Judge has held that the repeal of the KCCA Act under Section 3 of the Karnataka Act No. 9 of 2003 is unconstitutional. The Appellants have also challenged the order of the learned single Judge holding that the Secretary of STA cannot grant permits.