JUDGMENT

UNTWALIA, J.:— The facts of this appeal by special leave are very much similar and the points involved are almost identical to those in the case of Sharif Ahmad v. Regional Transport Authority, Meerut, (1978) 1 SCC 1. The Allahabad High Court, in the order under challeng in this appeal, has followed its earlier decision which was upset by this Court in the case aforesaid. We could have disposed of this appeal by a short order saying that it is covered by the earlier decision of this Corut, but some differences in the facts of the two cases led Mr. Yogeshwar Prasad, learned counsel for the respondent operators to advance a strenuous argument to oppose the following of the above course. But on scrutiny, we find that there is no distinction between the two cases on the main point. For the reasons stated hereinafter there has to be made a difference in the operative portion of the order of this Court. We need not state all the facts, the entire history of the litigation, and all the points decided in the earlier case. We shall merely proceed to mention in this judgment facts which are somewhat different and enabled the respondents to endeavour to make out some points of distin