A J ARAMHA Vs. MYSORE ROAD TRANSPORT CORPORATION

JUDGEMENT

(1.) The following two questions have been referred by a Division Bench under Section 7 of the Mysore High Court Act, 1961 :

(2.) The Division Bench consisting of two of us (Bhimiah, and Venkataramiah, JJ.) agreed with the view expressed by Malimath, J., that there were conflicting decisions of Division Benches of this Court on the aforesaid questions. Hence the Division Bench considered it fit to refer the aforesaid two questions for the opinion of a Full Bench. That is how, this reference has come up before us.

(3.) Before considering the rival arguments of learned Counsel for the parties, it is necessary to look at the relevant provisions of the Act. Clause(b) of S.2 of the Act defines the word 'Corporation' as a Road Transport Corporation established under Sec.3 of the Act. Sec.3 of the Act empowers the State Government to establish a Corporation for the whole or any part of the State. Sub-sec. (1) of S.14 of the Act provides that every Corporation shall have a Chief Executive Officer or General Manager and a Chief Accounts Officer appointed by the State Government. Sub-sec. (2) of that Section provides that the Corporation may appoint such other officers or servants as it considers necessary for the efficient performance of its functions. Sub-sec. (3) of S.14 of the Act provides that the conditions of appointment and service and the scales of pay of the Chief Executive Officer or General Manager and the Chief Accounts Officer, shall be such as may be prescribed by the rules made under the Act and that in respect of other officers and servants of the Corporation the conditions of appointment and the scales of pay shall be such as may be determined by Regulations made under the Act, subject to the provisions of Section 34.