K S R T C Vs. RAJEEV ALWA

JUDGEMENT

(1.) As the questions that arise for determination in these cases are common, we propose to dispose of them by a common Judgment.

(2.) The Karnataka State Road Transport Corporation (KSRTC) constituted and functioning under the Road Transport Corporation Act of 1950 (Central Act No. 64 of 1950) by itself or in combination of some of its officers like the General Manager, Deputy General Manager (Administration) are the appellants in these appeals directed against the common order made on 30-6-1981 by Rama Jois, J. in Writ Petitions Nos. 16754 of 1980 and connected cases followed by other learned Judges in other Writ Petitions decided on 2-7-1981, 21-7-1981 and 10-8-1981 filed under Article 226 of the Constitution by the respondents herein except the State of Karnataka who were the petitioners. Any reference made hereafter to the KSRTC must, therefore, be treated as referring to the appellants who were the respondents in the Writ Petitions filed before this Court. The State of Karnataka which is only a formal respondent in these appeals and the Writ Petitions will not be referred to hereafter.

(3.) On 30-1-1976 the Governor of Karnataka in exercise of the powers conferred by Clause (1) of Article 213 of the Constitution, promulgated the Karnataka Contract Carriages (Acquisition) Ordinance of 1976 (Karnataka Ordinance No. 7 of 1976) ('Ordinance') inter alia providing for acquisition of contract carriage permits and contract carnage vehicles held and owned by the contract carriage operators of the State and their transfer to the KSRTC. The Ordinance came into force from 30-1-1976 and under the several notifications issued thereto by Government there was acquisition of permits and vehicles and their transfer to the KSRTC.