1979 (9) TMI 209 - SC - Indian Laws

Summary

Issues Involved:
1. Vested right of absorption of employees under the Karnataka Contract Carriages (Acquisition) Ordinance, 1976.
2. Legislative changes and their impact on the absorption ratio.
3. Interpretation of the saving clause in the Karnataka Contract Carriages (Acquisition) Act, 1976.
4. Automatic absorption of employees and the legal implications.
5. Retrospective effect of the new proviso under the Act.

Detailed Analysis:

1. Vested Right of Absorption of Employees:
The primary issue is whether employees of the erstwhile contract carriage operators in Karnataka acquired a vested right of absorption into the Karnataka State Road Transport Corporation (the Corporation) under Sub-clause (3) to Clause 20 of the Karnataka Contract Carriages (Acquisition) Ordinance, 1976. The court examined the legislative changes and concluded that there was no automatic absorption of employees as the process required several steps, including the determination of eligibility and willingness of employees to be absorbed.

2. Legislative Changes and Their Impact on the Absorption Ratio:
The Ordinance was replaced by the Karnataka Contract Carriages (Acquisition) Act, 1976, which altered the ratio of absorption of employees from 7.9 per vehicle under the Ordinance to 4.45 per vehicle under the Act. This change adversely affected a large number of employees. The court noted that the legislature has the competence to restructure the Ordinance to meet the exigencies of the situation after the acquisition of contract carriages.

3. Interpretation of the Saving Clause in the Act:
The saving clause in Sub-section (2) of Section 31 of the Act states that anything done or any action taken under the Ordinance shall be deemed to have been done or taken under the corresponding provisions of the Act. The court emphasized that the saving clause preserves only the things done and actions taken under the repealed Ordinance, not the rights and privileges acquired. Therefore, the employees did not acquire any right to absorption under Sub-clause (3) to Clause 20 of the Ordinance.

4. Automatic Absorption of Employees and the Legal Implications:
The court rejected the argument that there was automatic absorption of employees from the notified date, January 30, 1976. It was clarified that several steps, including the submission of service particulars, determination of eligibility, and willingness to be absorbed, were necessary before absorption could take place. The court held that the employees had only an inchoate right until their actual absorption.

5. Retrospective Effect of the New Proviso under the Act:
The Act, which replaced the Ordinance, was made retrospective to January 30, 1976. The new proviso to Sub-section (3) of Section 19 altered the basis of absorption and was given retrospective effect. The court concluded that the new proviso in the Act superseded the old proviso in the Ordinance, and any rights purportedly acquired under the Ordinance were nullified by the Act.

Conclusion:
The appeal and writ petitions were dismissed, with the court holding that there was no automatic absorption of employees under the Ordinance, and the new proviso under the Act, which was given retrospective effect, validly altered the absorption ratio. The court emphasized that the legislature had the authority to amend the provisions to meet the current requirements and that the saving clause did not preserve any vested rights under the repealed Ordinance.