RAMESH CHANDER Vs. DELHI TRANSPORT CORPORATION

JUDGEMENT

(1.) These writ petitions under Article 226 of the Constitution of India raise a substantial question of law as to the vires of proviso (1) of Clause 15(c)(.2) of the Delhi Road Transport Authority (Conditions of Appointment and Service) Regulations, 1952, framed in exercise of the powers conferred by sub-sec. (1) lead with Clause (c) of subjection 1 (2) of Section 53 of the Delhi Road Transport Authority Act, 1950. They also seek a declaration that the impugned dismissal orders are in violation of Section 33 of the Industrial Disputes Act, 1947.

(2.) The Delhi Road Transport Authority Act, 1950 was enacted to provide for the establishment and regulation of a Road Transport Authority for the promotion of a co ordinated system of road transport in the Union Territory of Delhi. Under Section 3 of the said Act, the Delhi Road Transport Authority was established and it took over with effect from April 1, 1950 the earlier transport system known as Delhi Transport Servics which in turn was as a result of nationalisation of Gwalior and Northern India Transport Company Ltd. on May 14, 1948. On the coming into force of the Delhi Municipal Corporation Act, 1957, the transport service in Delhi was taken over with effect from April 7, 1958 in accordance with a scheme prepared under Chapter XIV-Transport Services. For the efficient performance of its functions, the Municipal Corporation of Delhi had, inter alia, the Delhi Transport Undertaking for transport services. Under Section 516(l)(a) of Delhi Municipal Corporation Act, 19, the Delhi Road Transport Authority Act, 1950 stood repealed. With effect from November 3, 1971, a new Corporation was established and known as Delhi Transport Corporation (hereinafter referred. to as D.T.C.) under the provisions of Road Transport Corporations Act, 1950 read with Delhi Road Transport Laws (Amendment) Ordinance, 1971 which was subsequently replaced by Delhi Road Transport Laws (Amendment) Act, 1971. The provisions relating to the transport services in the Delhi Municipal Corporation Act, 1957 were repealed by the Delhi Road Transport Laws (Amendment) Act, 1971.

(3.) The power to make regulations was conferred by Section 53 of the Delhi Road Transport Authority Act, 1950. In exercise of the powers conferred by sub-section (1) read with Clause (c) of sub-section (2) of Section 53 of the Delhi Road Transport Authority, with the previous sanction of the Central Government, made the Regulations called the Delhi Road Transport Authority (Conditions of Appointment and Service) Regulations, 1952 (hereinatfer referred to as DRTA Regulations, 1952). Similarly the Delhi Road Transport Authority (Scales of Pay) Regulations, 1959 were made. Even after the repeal of the Delhi Road Transport Authority Act, 1950, DRTA Regulations, 1952 are saved by virtue of the provisions contained in Section 516(2) of the Delhi Municipal Corporation Act, 1957. It, inter alia, provides that any regulations made or issued under any of the enactments referred to in sub-section (1) of Section 516 and in force immediately before the establishment of the Corporation, in so far as it is not inconsistent with the provisions of that Act, continue in force and be deemed to have been made, issued or granted under .the provisions of that Act, unless and until it is superseded. By virtue of Section 4(c) and (f) of the Delhi Road Transport Laws (Amendment) Act, 1971, the existing Regulations. whether made under the Delhi Road Transport Authority Act, 1950 or under the Delhi Municipal Corporation Act, 1957, are similarly saved and continue to be in force and deemed to be Regulations made by D.T.C. under Section 45 of the Road Transport Corporation Act, 1950 till the same are superseded by way of new Regulations made in exercise of the powers conferred by Section 45 of the Road Transport Corporations Act, 1950.