BORAIAH H B Vs. K S R T C
HIGH COURT OF KARNATAKA
BORAIAH, H. B.
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(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
"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
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