JUDGMENT :

B.K. Ray, J. - O.J.C. No. 886 of 1971 is an application under Article 226 of the Constitution of India filed by the All Orissa Transport Employees' Union, Sambalpur and two other employees of the State Transport Service belonging to the said union for a declaration that the Orissa State Transport Employees Classification, Recruitment and Conditions of Service Rules, 1971, particularly Rules 9(1), 10, 22, 23(1), 23(5), 25(6), 25(7), 27(2), 27(4), 30, 36(4). 38, 39(9), 39(13)(c), 39(19),39(50), 39(63), 39(65), 4|(2)(a), 47(f)(g) and (h) and 48(3) are void being either ultra vires the Constitution or the Motor Transport Workers Act, 1961 (27 of 1961), the Industrial Disputes Act, 1947 and similar statutes and for a direction to the opposite parties not to enforce said rules and not to withhold pensionary benefits to the employees of the State Transport Service. The opposite parties are the State of Orissa and Director of State Transport Service, Orissa. O.J.C. No. 94 of 1972 is another but similar application under Article 226 of the Constitution of India for the aforesaid reliefs against the same opposite parties by the State Transport Employees Union, Koraput and Anr. who