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1979 Supreme(SC) 402

A.P.SEN, P.S.KAILASAM, S.MURTAZA FAZAL ALI
M. S. Shivananda: H. S. Ramchandra – Appellant
Versus
Karnataka State Road Transport Corporation – Respondent


Advocates:
G.B.Raikar, GAYATHRI BALU, K.K.VENUGOPAL, K.R.NAGARAJA, L.N.Sinha, N.Nettra, Navin Sinha, R.B.DATAR, V.A.SEYID MUHAMMAD, VINIT KUMAR

Judgment

SEN, J.

( 1 ) THIS appeal, by special leave, directed against a judgment of the Karnataka High Court dated 26/07/1978 and the connected petitions under Article 32 of the Constitution, raise a common question. It would, therefore, be convenient to dispose them of by this common judgment.

( 2 ) THE short question involved in these cases is, whether the employees of the erstwhile contract carriage operators in the State of Karnataka acquired a vested right of absorption in service with the Karnataka State Road Transport Corporation under sub-cl. (3) to Cl. 20 of the Karnataka Contract Carriages (Acquisition) Ordinance, 1976.

( 3 ) IT will be convenient to refer in the first place to the legislative changes. On 30/01/1976 the Karnataka Contract Carriages (Acquisition) Ordinance, 1976 was promulgated by the Governor of Karnataka under cl. (1) of Art. 213 of the Constitution. The said Ordinance was promulgated with the object of acquiring contract carriages operating in the State and for certain matters connected therewith. On the same day, i. e. , on 30/01/1976 the State Government issued a notification under Cl. 4 (1) of the Ordinance vesting every contract carriage owned or op




























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