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In the High Court of Karnataka at Bangalore

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In the High Court of Karnataka at Bangalore ® IN THE HIGH COURT OF KARNATAKA AT BANGALORE Dated this the 28 th day of August 2013 PRESENT THE HON’BLE MR. JUSTICE N KUMAR AND THE HON’BLE MR. JUSTICE V. SURI APPA RAO Writ Appeal Nos. 1459 of 2007 & 2136 of 2011 (GM-RES) c/w Writ Appeal No.1479 of 2007 (GM-RES); Writ Appeal Nos. 1490 of 2007 & 2137 of 2011 (GM-RES); Writ Appeal Nos.1491 of 2007 & 2138 of 2011(GM-RES); & Writ Appeal No.1634 of 2007 (GM-RES) In Writ Appeal Nos. 1459 of 2007 & 2136 of 2011 (GM-RES) BETWEEN : The Karnataka State Road Transport Corporation Represented by its Vice Chairman and Managing Director Central Offices K.H. Road Bangalore – 560 027 Now represented by its Deputy Chief Law Officer …Appellant (By Sri S. Vijayashankar, Senior Counsel for Smt. H.R. Renuka & M/s. Jayaram & Jayaram Advocates) 2 AND : 1. The Workmen of Karnataka State Road Transport Corporation Repr. By K.S.R.T.C. Staff & Workers Federation No.25, 1 st Floor 4 th Floor Sampige Road Malleshwaram Bangalore – 560 003 2. S. Nagaraj Secretary Death-cum-Retirement Benefit Fund K.S.R.T.C. Central Stores Complex Shanthi Nagar Bangalore – 560 027 3. The State of Karnataka Repr. By its Secretary to Government of Karnataka Department of Home and Transport Vidhana Soudha Bangalore – 560 001 4. Shri P.G.R. Sindhia Ex. Minister for Transport Government of Karnataka Vidhana Soudha Bangalore – 560 001 5. The Union of India Repr. By its Secretary to the Ministry of Surface Transport 501, Transport Bhavan R. No.3812 Safdarjang Road New Delhi 3 6. Bangalore Metropolitan Transport Corporation K.H. Road Shanthinagar Bangalore – 560 027 Repr. By its Managing Director 7. North West Karnataka Road Transport Corporation Gokul Road, Hubli Repr. By its Managing Director 8. North East Karnataka Road Transport Corporation (N.E.K.R.T.C.), Gulbarga By its Managing Director …Respondents (By Sri K. Kasturi, Senior Counsel & Sri M.C. Narasimhan, Senior Counsel for R1; Sri S. Kalyan Basavaraj, ASG for R2, 4, 5; Smt. S. Susheela, AGA for R3; Sri Shivashankar Reddy M.G., Advocate for R5; Sri L. Govindaraj, Advocate for R6 to 8) These Writ Appeals are filed under Section 4 of the Karnataka High Court Act praying to set aside the order passed in the Writ Petition No.22194 of 1997 dated 02-07-2007. In Writ Appeal No.1479 of 2007 (GM-RES) BETWEEN : Bangalore Metropolitan Transport Corporation K.H. Road, Shanthinagar Bangalore – 560 027 By its Managing Director 4 Now represented by its Chief Law Office …Appellant (By Sri L. Govindaraj, Advocate) AND : 1. The Workmen of Karnataka State Road Transport Corporation Rep. by K.S.R.T.C. Staff & Workers Federation No.25, 1 st Floor 4 th Floor Sampige Road Malleshwaram Bangalore – 560 003 2. S. Nagaraj Secretary Death-cum-Retirement Benefit Fund K.S.R.T.C. Central Stores Complex Shanthi Nagar Bangalore – 560 027 .. Respondents (By Sri K. Kasturi, Senior Counsel & Sri M.C. Narasimhan, Senior Counsel) This Writ Appeal is filed under Section 4 of the Karnataka High Court Act praying to set aside the order passed in the Writ Petition No. 22194 of 1997, dated 02-07-2007. In Writ Appeal Nos. 1490 of 2007 & 2137 of 2011 (GM-RES) BETWEEN : North West Karnataka Road Transport Corporation Gokul Road 5 Hubli – 580 020 By its Managing Director Now represented by its Chief Law Office …Appellant (By Sri L. Govindaraj, Advocate) AND : 1. The Workmen of Karnataka State Road Transport Corporation Rep. by K.S.R.T.C. Staff & Workers Federation No.25, 1 st Floor 4 th Floor Sampige Road Malleshwaram Bangalore – 560 003 2. S. Nagaraj Secretary Death-cum-Retirement Benefit Fund K.S.R.T.C. Central Stores Complex Shanthi Nagar Bangalore – 560 027 .. Respondents (By Sri K. Kasturi, Senior Counsel & Sri M.C. Narasimhan, Senior Counsel for R1; Sri S. Kalyan Basavaraj, ASG for R2) These Writ Appeals are filed under Section 4 of the Karnataka High Court Act praying to set aside the order passed in the Writ Petition No. 22194 of 1997, dated 02-07-2007. 6 In Writ Appeal Nos.1491 of 2007 & 2138 of 2011 (GM-RES) BETWEEN : North East Karnataka Road Transport Corporation Central Offices “Sarige Sadan” Gulbarga – 585 101 By its Managing Director Now represented by its Chief Law Office …Appellant (By Sri L. Govindaraj, Advocate) AND : 1. The Workmen of Karnataka State Road Transport Corporation Rep. by K.S.R.T.C. Staff & Workers Federation No.25, 1 st Floor 4 th Floor Sampige Road Malleshwaram Bangalore – 560 003 2. S. Nagaraj Secretary Death-cum-Retirement Benefit Fund K.S.R.T.C. Central Stores Complex Shanthi Nagar Bangalore – 560 027 ...Respondents (By Sri K. Kasturi, Senior Counsel & Sri M.C. Narasimhan, Senior Counsel for R1; Sri S. Kalyan Basavaraj, ASG for R2) 7 These Writ Appeals are d under Section 4 of the Karnataka High Court Act praying to set aside the order passed in the Writ Petition No. 22194 of 1997, dated 02-07-2007. In Writ Appeal No.1634 of 2007 (GM-RES) BETWEEN : The State of Karnataka Represented by its Secretary to Government of Karnataka Department of Home and Transport Vidhana Soudha Bangalore – 560 001 …Appellant (By Smt. S. Susheela, AGA) AND : 1. The Workmen of Karnataka State Road Transport Corporation Repr. By K.S.R.T.C. Staff & Workers Federation No.25, 1 st Floor 4 th Floor Sampige Road Malleshwaram Bangalore – 560 003 2. S. Nagaraj Secretary Death-cum-Retirement Benefit Fund K.S.R.T.C. Central Stores Complex Shanthi Nagar Bangalore – 560 027 8 3. The Karnataka Stat Road Transport Corporation Represented by its Vice Chairman and Managing Director Central Offices K.H. Road Bangalore – 560 027 4. Shri P.G.R. Sindhia Ex. Minister for Transport Government of Karnataka Vidhana Soudha Bangalore – 560 001 5. The Union of India Rep. by its Secretary to the Ministry of Surface Transport 501, Transport Bhavan R. No.3812 Safdarjang Road New Delhi 6. Bangalore Metropolitan Transport Corporation K.H. Road Shanthinagar Bangalore – 560 027 Repr. By its Managing Director 7. North West Karnataka Road Transport Corporation Gokul Road, Hubli Repr. By its Managing Director 8. North East Karnataka Road Transport Corporation (N.E.K.R.T.C.) Gulbarga By its Managing Director …Respondents 9 (By Sri K. Kasturi, Senior Counsel & Sri M.C. Narasimhan, Senior Counsel for C/R; Sri Manjunath V Advocte for R1 to 3; Smt. Gowhar Unnisa, CGSC for R5; Sri L. Govindaraj, Advocate for R6; R4 deleted; R7 and 8 Service of notice held sufficient) This Writ Appeal is filed under Section 4 of the Karnataka High Court Act praying to set aside the order passed in the Writ Petition No.22194 of 1997 dated 02-07-2007. These Writ Appeals coming on for hearing this day, N. KUMAR J., delivered the following: J U D G M E N T These five appeals are preferred against the common order passed by the learned Single Judge quashing the impugned orders and notifications by which the State had established three Road Transport Corporations. BACKGROUND 2. For the purpose of clarity, the parties are referred to as they are referred to in the writ petition. 10 3. The first petitioner-Workmen of Karnataka State Road Transport Corporation represented by KSRTC Staff and Workers Federation is a recognized Federation of affiliated Trade Unions in the Karnataka State Road Transport Corporation and has been so recognised since 1987 after a ballot. The second petitioner is an employee in 2 nd Depot, B.T.S. He has also been working as Secretary of Death Cum Relief Benefit Fund (D.R.B.F.) set up by the Corporation. 4. The Passenger Road Transport Services in the public sector was first started in the then State of Mysore on 12.09.1948 as a Government Department with a modest fleet of 120 buses. After the State’s Reorganization and the near doubling of the territory of the State and merging of the services operated in the territories of Andhra and Maharashtra, the activities and the fleet became largely enlarged. To cope up with this growth, the Mysore State Road Transport Corporation was set up on 01.08.1961 under the Road Transport Corporations Act, 1950 (for short 11 hereinafter referred to as ‘the Act’). The various transport services which were operating in different parts of Karnataka, were brought under one roof. They are in Old Mysore, MGRTD (Mysore Govt. Road Transport Department) which was a departmental undertaking run by the Government of Mysore. Similar was the position in respect of Hyderabad Karnataka Area. From the North Karnataka it covered Bombay Transport Service (BTS). The transport services in Bangalore city was originally run by Bangalore Transport Company (BTC) a private organization. The same was nationalized in the year 1956 and became BTS. However it was administered as MGRTD. The Mysore State Road Transport Corporation was later renamed when the State’s name underwent a change on 01.11.1973 as Karnataka State Road Transport Corporation (for short hereinafter referred to as ‘the KSRTC). The KSRTC was one of the biggest RTCs and it was the third largest Road Transport Corporation in the country. Bus routes on 71% of the total area of the State were nationalized and buses in these routes 12 are operated only by KSRTC which is a public sector undertaking owned by the State. On the day the Writ Petition was filed, 62,000 employees were working in the KSRTC, 10,500 buses were on the road, about 64 lakh passengers were travelling in a day.
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