MAHARASHTRA STATE ROAD TRANSPORT CORPORATION Vs. MAHARASHTRA S T CHALAK WAHAK YANTRIKI SANGHATANA AKOLA

JUDGEMENT

(1.) In all these four writ petitions, a common question of law is involved which is being decided by this common judgment.

(2.) In W. P. No. 3168/93 the petitioner-M. S. R. T. C. has challenged the validity of the Order dated 13-8-1992 below Ex. 2 in Complaint (ULP) No. 318 of 1992 passed by the Industrial Court, Amravati, staying the effect and operation of Circular No. 6042 dated 18-11-1991 issued by the petitioner-M. S. R. T. C.

(3.) The Maharashtra State Road Transport Corporation was established in accordance with the provisions of section 3 of the Road Transport Corporation act, 1950 (for short the Act of 1950). The Act was brought into existence for adequate, economical and properly co-ordinated transport system. Section 5 of the said Act provides for a Board of Directors for the management of the business of the Corporation. The Board of Directors of the Corporation is the supreme authority and rather the authority of the Corporation entirely vests into the Board of Directors. Insofar as the rules and regulations regarding service regulations are concerned, the same were framed. The M. S. R. T. C. being a creature of a statute and looking to its functions to provide for transportation monopoly, the responsibility, conduct and discipline of the officers and servants of the Corporation is of a very high degree. Section 43 of the Act of 1950 provides that the officers and employees of the Corporation are the "public servants". The nature of employment of the employees of M. S. R. T. C. is akin to the employees of central and State Governments. Service Regulation No. 48 (b) dated 1-12-1981 provides that no employee of the Corporation would take active part in politics and that no employee would contest the election of Parliament, State Legislature, Zilla parishad, Panchayat Samiti, Village Panchayat, Cantonment Board and Municipal council without the previous permission of the Corporation.