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1977 Supreme(MP) 33

SHIV DAYAL SHRIVASTAVA, G.L.OZA, G.G.SOHANI
M. P. S. R. T. C. – Appellant
Versus
RAMCHANDRA – Respondent


Advocates Appeared:
K.A.Chitale, M.Bhatnagar

SHIV DAYAL, C. J.

( 1 ) A Division Bench has referred this case to us. The following question arises for consideration :--

"whether the employees of the Madhya Pradesh State Road Transport corporation are governed by the Regulations made by the M. P. S. R. T. C. in exercise of its power under Section 45 of the Road Transport corporations Act, 1950 or the Standing Orders Rules, made by the state Government under the Madhya Pradesh Industrial Employment (Standing Orders) Act, 1961. which have been applied to the Road transport Corporation. "

( 2 ) THIS petition under Article 226 of the Constitution calls in question an order passed by the Industrial Court, Indore, directing reinstatement of Ramchandra (respondent ). Ramachandra originally had joined the service of the Gwalior northern India Transport Company. His date of birth was recorded as December 5, 1908. At the relevant time, he was employed as a Traffic Supervisor in the m. P. State Road Transport Corporation. The Divisional Manager by his letter dated June 9, 1969, ordered his retirement with immediate effect under regulation 59 on the ground that he had already attained the age of 58 years, which is the age of retirement under


















































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