Court : Supreme Court of India
Reported in : [2001(88)FLR286]; (2001)ILLJ167SC; 2000(7)SCALE709; [2000]Supp5SCR193; 2001(1)LC242(SC)
S.N. Variava, J.1. These Appeals are against a Judgment dated 5th August, 1986 passed by the High Court of Andhra Pradesh. 2. Briefly stated the facts are as follows: The Appellant is a Road Transport Corporation established under Section 3 of the Road Transport Corporation Act, 1950. The Respondents are employees of the Appellant Corporation. The Respondents had filed an application under Section 15(2) of the Payment of Wages Act claiming wages for holidays declared under the Andhra Pradesh Factories and Establishments (National Festival and other Holidays) Act, 1974 (hereinafter referred to as the said Act).This claim was contested by the Appellant. The Appellant pointed out that under the said Act only 7 days holiday were to be given, whereas they had already granted 15 days holiday. The Appellant also contended that by virtue of Section 11(1)(c) of the said Act the provisions of the said Act were not applicable to them. The Appropriate Authority did not accept the contentions of th...
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2007(9)SC82; 2007(3)KLT292(SC); 2007(9)SCALE115; (2007)8SCC231; 2008(1)SLJ447(SC); 2007(2)LC812(SC); 2007AIRSCW5749; 2007(8)SCC231
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 v. K.O. Varghese and Ors. : [2003]3SCR779 .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 ...
Tag this Judgment!Court : Supreme Court of India
Reported in : [2007(113)FLR451]; JT2007(8)SC430; (2007)IILLJ234SC; 2007(3)SCALE676; (2007)9SCC141; 2008(3)SLJ113(SC)
S.H. Kapadia, J.1. Leave granted.2. A short question which arises for determination in these civil appeals filed by the employer is : whether Clause 49 of 1956 Settlement stood replaced by Clause 19 of 1985 Settlement and by Resolution No.8856 dated 31.8.78 passed by the appellant-Corporation.3. Appellant-Corporation is a State Road Transport Undertaking incorporated under Road Transport Corporation Act, 1950. Apart from State Transport Employees Service Regulations framed under Section 45 of Road Transport Corporation Act, 1950, the service conditions of the employees are also regulated by Industrial Settlement signed between the Corporation and various trade Unions representing employees. Several demands were raised in 1956 on behalf of the workmen. One such demand was under Item No.49 of the Demand Notice for abolition of Daily Wage System. It appears that large number of workmen were continued for several years in the Corporation on ad-hoc basis. They were paid daily-wages. Therefo...
Tag this Judgment!Court : Supreme Court of India
Reported in : II(2004)ACC60; AIR2004SC3821; [2004(3)JCR144(SC)]; JT2004(1)SC413; 2004(5)SCALE371; (2004)6SCC440
B.N. Srikrishna, J.1. This appeal by special leave is directed against the judgment of the High Court of Delhi dated 19th October, 2000 dismissing the writ petition of the appellants under Article 226 of the Constitution of India challenging the notification dated 31st December, 1999 issued by the Lt. Governor of the National Capital Territory of Delhi.2. Appellant Nos. 1 to 4 are transport operators who have been issued stage carriage permits by the State Transport Authority, Delhi under various schemes. Appellant No. 5 is an association of bus operators in Delhi, whose members have been granted permits under various schemes for upliftment of different sections of society.3. Respondent Nos. 1 to 3 represent the Government of the National Capital Territory of Delhi and Respondent No. 4 is a statutory corporation set up under Section 3 of the Road Transport Corporation Act, 1950.4. Respondent No. 4, Delhi Transport Corporation (DTC), was continuously making losses and found itself unabl...
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2006(8)SC629; 2006(9)SCALE194; (2006)10SCC736
S.B. Sinha, J.1. Interpretation and application of Section 58 of the Madhya Pradesh Reorganisation Act, 2000 (for short 'the 2000 Act') arises for consideration in these writ petitions.Parliament enacted Electricity (Supply) Act, 1948 (for short 'the 1948 Act'), in terms whereof the Madhya Pradesh State Electricity Board (for short 'MPSEB') was established on 1.4.1957. It was a body corporate in terms of Section 12 thereof. The territorial jurisdiction of the Board was the entire State of Madhya Pradesh as notified and constituted by 'States Reorganisation Act, 1956' (for short 'the 1956 Act').2. A new State known as State of Chhattisgarh comprising of 16 districts carved out of the State of Madhya Pradesh was formed on 1.11.2000. Distribution of assets and liabilities of the States are indisputably governed by the 2000 Act. Pursuant to or in furtherance of the provisions of Section 58 of the 2000 Act, the State of Chhattisgarh was entitled to constitute its own State Electricity Board...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1966SC1364; (1966)ILLJ437SC; [1966]3SCR40
Satyanarayana Raju, J. 1. This appeal, by special leave, is against the judgment and order of the High Court of Gujarat at Ahmedabad, dated May 28, 1963, dismissing in limine an application filed by the appellant under Art. 226 of the Constitution. 2. The facts material for the purposes of this appeal may be briefly stated. The appellant was a permanent employee of the State Transport Corporation, Gujarat, hereinafter referred to as the Corporation. At the material time he was employed as a Writer in the Visnagar Depot of the Corporation in Mahasana District. On January 15, 1962, the appellant applied to the Divisional Controller, State Transport, Mahasana, for leave for 15 days on the ground that he had to attend to his 'personal work'. On January 16, 1962, he was transferred from Visnagar to Ambaji where there was a vacancy in the office of the Depot Manager. On January 31, 1962, a formal order transferring the appellant from Visnagar to Ambaji was passed, and he was directed to join...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1962SC1135; 1962(0)BLJR565; [1999]Supp1SCR728
Hidayatullah, J. 1. The judgment in Civil Appeal No. 534 of 1961 will dispose of Civil Appeals Nos. 535 to 539 of 1961. In these appeals, private operators of omnibuses challenge the orders of the Appeal Board of the State Transport Authority, by which it set aside the renewal of the permits on certain routes granted by the South Bihar Regional Transport Authority, Patna. The appellants held previously stage carriage permits over certain routes which were due to expire in December, 1958 or in January, 1959. They had applied for renewal of their permits under s. 58(2) of the Motor Vehicles Act. Under a scheme framed and notified on July 8, 1957, vide Notification No. P-2-203/57T/4794, the route, Gaya to Khijirsarai, was notified under s. 68D of the Motor Vehicles Act. The Rajya Transport, Bihar, was exclusively allowed to operate on the that route. In Civil Appeals Nos. 535 to 538 of 1961, the Rajya Transport, Bihar, filed objections against the renewal of the permits. In Civil Appeals ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1986SC1054; [1986]15ITR1(SC); 1986(1)SCALE353; (1986)2SCC391; [1986]1SCR570
D.P. Madon, J.1. The above three Appeals have been filed by certificate granted by the Andhra Pradesh High Court under Section 261 of the Income-tax Act, 1961, against the judgment of that High Court in an income-tax reference. The Respondnet, the Andhra Pradesh State Road Transport Corporation, is a Road Transport Corporation established with effect from January 11, 1958, by the State of Andhra Pradesh by a notification issued under Section 3 of the Road Transport Corporations Act, 1950 (Act No. 64 of 1950) (hereinafter referred to in short as 'the RTC Act'). Prior to the establishment of the Respondent Corporation road transport in the State of Andhra Pradesh was a department of the Government, being run by the Government of Hyderabad prior to the formation of the State of Andhra and thereafter by the Government of Andhra Pradesh. During the whole of this period the income made from road transport was exempt from income-tax. After the Respondent Corporation was formed, the Income-tax...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1956SC294; (1956)58BOMLR978; [1956]1SCR18
Imam, J.1. By an order dated 12th May 1952, hereinafter referred to as the impugned order the Government of the State of Bombay requisitioned under section 5 of the Bombay Land Requisition Act, 1948 (Bombay Act XXXIII of 1948), hereinafter referred to as the Requisition Act, the premises specified therein. The impugned order, so far as it is relevant to the present appeal, stated, 'Now, therefore, in exercise of the powers conferred by sub-section (1) of section 5 of the Bombay Land Requisition Act, 1948 (Bombay Act XXXIII of 1948) the Government of Bombay is pleased to requisition the said part of the building for a public purpose, namely, for housing an Officer of the State Road Transport Corporation Which is a public utility service'. 2. The respondent filed a writ application under article 226 of the Constitution in the Bombay High Court and the application was heard by Tendolkar, J. who set aside the impugned order. Against his decision the appellant appealed and a Division Bench ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1964SC1690; (1964)66BOMLR698; [1964(9)FLR324]; (1964)IILLJ639SC; 1965MhLJ73(SC); [1964]7SCR639
Das Gupta, J.1. A short point arises for consideration in this appeal. But to understand how the point arises it is necessary to embark on a somewhat lengthy statement of facts. 2. Three Road Transport Corporations established under the Road Transport Corporation Act, 1950 were operating in the States of Bombay, Madhya Pradesh and Hyderabad in 1956 when the States Reorganisation Act, 1956 was enacted. These three corporations were known as the Bombay State Road Transport Corporation, the Provincial Transport Service and the State Transport Marathewada respectively. As a result of the reorganisation of the States under the States Reorganisation Act, 1956 the former State of Bombay lost certain of its territories to the newly formed State of Mysore and some areas to the State of Rajasthan. On the other hand, the State of Bombay gained the Marathewada from the State of Hyderabad and the Vidharbha area from the State of Madhya Pradesh and certain other areas from the then existing State of...
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