Executive action must be supported by legislation, and in the absence of such legislation, the impugned Notifications were unsustainable.

JUDGMENT

1. Heard Mr. A. Das Gupta, learned senior counsel assisted by Ms. B. Das for the petitioner in WP(C) No. 4538/2015 and Mr. S. Bora, learned counsel for the petitioner in WP(C) No. 5195/2015 and WP(C) No. 6287/2017. I have also heard Mr. K.N Choudhury, learned senior counsel assisted by Mr. Y. Doloi, learned Standing Counsel, Transport Department for the respondent Transport Department.

2. All the 3 (three) writ petitions are taken up for disposal together since the issues involved are similar. WP(C) No. 4538/2015 is filed by all Assam Inland Water Transport Workers Union while the other 2 (two) writ petitions are filed by State Inland Water Transport Employees Santha. WP(C) No. 5194/2015 was initially filed by the said petitioner challenging the Notification dated 17.07.2015 whereby, the decision of the State Cabinet dated 30.06.2015 for incorporation of a Corporation under the administrative control of the Transport Department in the name and style 'Assam Inland Water Transport Corporation Limited' (The Corporation) as a State Public Sector undertaking under the Companies Act, 2013 was notified. Subsequent thereto, the respondent authority in the Transport Department issued Notification dated 02.08.2017 notifying the registered office of the Corporation to be the Directorate of Inland Water Transport, Assam, Ulubari, Guwahati 781007 and again, in supersession of the same, issued another Notification dated 07.08.2017 notifying the location of the registered office of the Corporation as 'Inland Water Transport Guest House, Pandu, Guwahati 781012.' Therefore, in order to challenge the 2 (two) subsequent notifications, WP(C) 6287/2017 was again filed by the petitioner. Be it stated herein that the 3 (three) notifications are put to challenge in WP(C) No. 4538/2015 as well and hence, a common consideration is necessitated.

3. For the sake of brevity, the facts of the case projected by the petitioner in WP(C) No. 4538/2015 may be narrated. The petitioner claims that the petitioner is a registered Trade Union and its members are employed under the Inland Water Transport, Govt. of Assam and there are about 5000 employees working in 35 branches in different places. Out of these 5000 employees, about 3500 employees are members of the petitioner union and out of the 3500 members about 1000 employees are Muster Roll workers.

4. According to the petitioner, the employees of the Inland Water Transport as Government employees under the Transport Department are set out with the task of maintaining ferry services of passenger and goods throughout Assam and Kolkata through Bangladesh. The State Government is taking different steps to convert the Inland Water Transport Department into a Corporation and in such event, all the employees of the Transport Department will become the employees of the Corporation and they will be deprived of their rights and privileges as enjoyed by Government employees.

5. The petitioner contends that on account of a ferry disaster, which occurred on 30.04.2012 at Medartari, Dhubri, a one man enquiry committee was constituted to enquire into the accident which led to the death of many passengers. The one man enquiry was headed by Sri Jitesh Khosla, Addl. Chief Secretary to the Govt. of Assam, Department of Welfare for Plain, Tribes and Backward Classes, etc. The term of reference of the enquiry was to ascertain the facts and circumstances leading to the accident, to determine if there were lapses on the part of the authority including violation of rules, license condition for operation of ferry service, to suggest measures to be taken, to prevent such accident in future, to assess the capable of existing agencies including NDRF to respond and handle such disaster and any other matters relevant to the incident including measures to improve the Ferry Transport System in Riverine areas.

6. Accordingly, the enquiry was conducted and thereafter, a report was submitted on 10.01.2013. According to the petitioner, th