GOVERNMENT TRANSPORT SERVICE Vs. S L MISHRA

JUDGEMENT

(1.) THIS writ petition under Article 227 of the Constitution of India by the Government Transport Service impugns a common order dated 2. 5. 1989 made by the first Labour Court, Bombay, in Application (IDA) Nos. 837 to 841 of 1981, 1463 to 1475 of 1982, 183 to 189 of 1987, 27 to 31 of 1982, 1350 to 1357 of 1984, 67 of 1986 and 1430 to 1441 of 1984, under the provisions of section 33-C (2) of the Industrial Disputes Act, 1947.

(2.) THE petitioner is a Special Department of the Government of Maharashtra set up to provide transport service to a limited class such as V. I. Ps. , V. V. I. Ps. and Higher Officers of the Government of Maharashtra and other State Governments and Central Government. Respondents 1 to 51, except respondent 34-A, are working as Drivers in the petitioner establishment. Respondent 34-A, Smt Elorida George DSouza is the legal representative of S. B. Pareire, who was working as a driver of the petitioner establishment at the material time and has since expired.

(3.) ON or about 1st April, 1944, the then Government of Bombay set up a Special Department known as Government Transport Service (G. T. S. , for short), which was required to handle mainly the transport of foodgrains for the Civil Supplies Department and the Transport requirements of Secretariat Department. Subsequently, when the Government Milk Scheme was started, the G. T. S. was entrusted with the task of transport of Milk from the Government Milk Dairy to the various Milk Centres in Bombay. Some time in 1950-51, consequent upon the abolition of rationing, the work of food-grain transport done hitherto by the G. T. S. was discontinued. Subsequently, as a result of bifurcation of the G. T. S. , the Milk Transport work handled by the G. T. S. was separated and transferred to the Milk Department along with the Mahim Depot used for operation of vehicles in connection with Milk Transport. Thereafter, the G. T. S. has been functioning in the limited sphere of maintaining and running F. G. O. (First Grade Officers) Cars, D. V. (Distinguished Visitors) Cars and other vehicles to meet the transport requirements of the Government of Maharashtra Departments, V. V. I. Ps, V. I. Ps from Foreign countries, various States of the Indian Union, etc. , as State Guests. G. T. S. also maintains a workshop to repair the Departmental Cars and other vehicles, D. V. Cars under the control of G. A. D. and Cars allotted to the Ministers.