BORAIAH H B Vs. K S R T C
LAWS(KAR)-1981-8-1
HIGH COURT OF KARNATAKA
Decided on August 28,1981

BORAIAH, H. B. Appellant
VERSUS
K.S.R.T.C. Respondents

JUDGEMENT

- (1.) The petitioner who was an employee of an Ex contract Carriage Operator has prayed for the issue of a writ of mandamus directing the respondents to absorb him in the service of the Corporation in terms of sub-sec. (3) of S. 19 of the Karnataka Contract Corriages (Acquisition) Act, 1976, by giving effect to the order made by the authority constituted under sub sec.(4) of S. 19 of the Act.
(2.) The writ petition is in the orders list. By consent of both counsel, the petition is taken up for final hearing.
(3.) The petitioner was originally employed as a helper on the establishment of a private Contract Carriage Operator whose contract carriage was acquired under the provisions of the Act. Sub sec. (3) of S. 19 of the Act provides that such of the employees of the Ex-contract Carriage Operators who were workmen as defined under the provisions of the Industrial Disputes Act and who were exclusively employed by the Ex contract Carriage Operators, shall, subject to the ratio prescribed in the proviso to sub sec. (3), be absorbed in the services of the Corporation. As the Corporation did not absorb the petitioner in its service, the petitioner made an application before the authority constituted under sub-sec. (4) of S. 19 of the Act. Under the said provision, whenever there is a dispute, the authority has the power to decide as to whether a particular person was a workman as defined under the Industrial Disputes Act and as to whether he was exclusively employed by the Ex- contract Carriage Operator in connection with the vehicle acquired. As the Corporation disputed the claim, the petitioner approached the said authority. By an order made on 5-3-1981, the Deputy Commissioner (the competent authority) held that the petitioner was a workman and was. also a whole time employee of an ex- operator. The authority further held as follows : "As per ratio also there is still scope for appointment of helpers. Therefore, the K.S.R.T.C. is hereby directed to appoint Sri H. B. Boraiah as "Helper" in the Corporation as an employee of the Corporation on the same terms and conditions applicable to the employees holding corresponding posts in the Corporation". Aggrieved by the said order, the Corporation preferred an appeal before the State Government. The appellate authority confirmed the order of the authority by its order dated 5-8-1981. Copies of both these orders are produced at the time of hearing.;


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