H.K.SEMA, P.K.BALASUBRAMANYAN
Chairman & M. D. , K. S. R. T. C. – Appellant
Versus
K. O. Varghese. – Respondent
JUDGMENT
P.K. Balasubramanyan, J.—
Leave granted.
Heard learned counsel on all sides.
1.This appeal by the Kerala State Road Transport Corporation, hereinafter referred to as KSRTC, challenges the decision of the High Court of Kerala in a series of Writ Appeals rendered on 24.3.2004 pursuant to an order of remand made by this Court in Civil Appeal Nos. 6651-6654 of 2000 and the connected cases. The decision remanding, was rendered on 17.4.2003 and the same is reported as Kerala State Road Transport Corporation Vs. K.O. Varghese & Ors.,1 [(2003) 12 SCC 293].
2.KSRTC is a Corporation established under the Road Transport Corporation Act,1950, hereinafter called, “the Act”. The Corporation was formed on 15.3.1965. On 22.3.1965, the employees of the Transport Department of the Government of Kerala were absorbed in KSRTC. KSRTC became functional with effect from 1.4.1965. In the general instructions issued on 22.3.1965 in exercise of power under Section 34(1) of the Act, the Government while transferring the existing transport undertakings and their assets and liabilities to KSRTC, also made applicable to it, all orders and notifications thereunto issued by the Government, which were not in
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