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TMI Blog1979 (9) TMI 209X X X X Extracts X X X X X X X X Extracts X X X X ..... ed a vested right of absorption in service with the Karnataka State Road Transport Corporation under Sub-clause (3) to Clause 20 of the Karnataka Contract Carriages (Acquisition) Ordinance, 1976. 3. It will be convenient to refer in the first place to the legislative changes. On January 30, 1976 the Karnataka Contract Carriages (Acquisition) Ordinance, 1976 was promulgated by the Governor of Karnataka under Clause (1) of Article 213 of the Constitution. The said Ordinance was promulgated with the object of acquiring contract carriages operating in the State and for certain matters connected therewith. On the same day, i.e., on January 30, 1976 the State Government issued a notification under Clause 4(1) of the Ordinance vesting every contact carriage owned or operated by such contract carriage operator, along with permit, in the State Government absolutely free from all encumbrances. On the same day, the State Government made an order under Sub-clause (1) to Clause 20 of the Ordinance transferring all the contract carriages that vested in the State Government under the notification issued under Sub-clause (1) to Clause 4 of the Ordinance, to the Karnataka State Road Transport Corp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... contentions. ,Thereafter, the remaining writ petitions were all with drawn. 6. The appeal is against the judgment of the High Court and the employees have also directly approached the Court under Article 32. 7. Before dealing with the contention advanced in the appeal, it is necessary to set out the relevant provisions. Sub-clause (3) to cl. 20 of the Ordinance read as follows : 20.(3) Every person who is a workman within the meaning of the Industrial Disputes Act, 1947 (Central Act 14 of 1947) and has been immediately before the commencement of this Ordinance exclusively employed in connection with the acquired property, shall, on and from the notified date, become an) employee of the corporation on the same terms and conditions applicable to the employees holding corresponding posts in the corporation. Any person not willing to become such an employee of the corporation shall be entitled to retrenchment compensation as provided in the Industrial Disputes Act: Provided that the number of workmen that shall become employees of the corporation under this Sub-section shall not exceed the following scale, the junior most being excluded : 8. Sub-section .(3) of Section 19 of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f absorption could not be whittled down by the subsequent enactment of the new proviso to Sub-section (3) of Section 1. 9 of the Act inasmuch as they had acquired a vested right to absorption in the ratio mentioned in Sub-clause (3) to Clause 20 of the Ordinance. 11. The Ordinance promulgated by the Governor in the instant case was a 'legislative act' of the Governor under Article 213(1) and, therefore, undoubtedly a temporary statute, and while it was still in force the Repealing Act was passed containing the saving clause in Section 31(2) (i) providing that, notwithstanding such repeal, 'anything done' or any 'action taken' under the repealed Ordinance shall be deemed to have been done or taken under the corresponding provisions of the Act. The enquiry is, therefore, limited to the question whether anything was done or action taken under the repealed Ordinance. If that be so, a further question arises on the submission whether the words 'things done' in Section 31(2)(i) reasonably interpreted can mean not only things done but also the legal consequences flowing therefrom. 12. In considering the effect of an expiration of a temporary Act, it would ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct carriage operatOrs. The meeting of the Committee set up by the Government for laying down the principles for equation of posts and for determination of inter-se seniority, met on June 2, 1976. The Committee decided that even in the case of helpers-cleaners, there should be a 'trade test' and the staff cleared by the Committee for the posts of helper 'B' helper 'A' and assistant artisans should be on the basis of their technical competence, experience, ability etc. The Committee also decided that all other employees of contract carriage operators who were, eligible for absorption, should be interviewed by that Committee for the purpose of absorption on the basis of experience, ability, duties, and responsibilities. These norms were not laid down till June 2, 1976. Till their actual absorption, the employees of the erstwhile contract carriage operators had only an inchoate right. 15. The distinction between what is, and what is not a right preserved by the provisions of Section 6 of the General Clauses Act is often one of great fineness. What is unaffected by the repeal of a statute is a right acquired or accrued under it and not a mere 'hope or expect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , (1) he had to be a workman within the meaning of the Industrial Disputes Act, 1947; (2) he should have been immediately before the commencement of the Ordinance, exclusively employed in connection with the acquired property, and (3) he had to come within the ratio provided in the proviso to Sub-clause (3) to Clause 20. The whole object of inserting Sub-clause (3) to Clause 20 of the Ordinance was to obviate the unemployment of persons suitable for employment. For this purpose, the Corporation had necessarily to screen the applicants. 18. It is necessary to mention that Clause 5 of the Ordinance, which corresponds to Section 5 of the Act, provided that every contract carriage operator shall within 15 days from the notified date or within such further time as the State Government may allow, furnish to the State Government or any officer authorised by it in this behalf, complete particulars among others of persons who were in their employment immediately before the notified date. It was only after such information was received that steps had to be taken for the purpose of ascertaining as to who were entitled to be absorbed in the service of the Corporation in accordance with Sub-cl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en if-contrary to the decision reached by us, it were possible to hold that they had some kind of such right, that right is expressly taken away by the legislature. The contention does not take note of the fact that by Sub-section (1) of Section 1 the Act was brought into force with effect from January 30, 1976, i.e., the date on which the Ordinance was promulgated. The Act substitutes a 'new' proviso in Sub-section (3) of Section 19 in place of the old proviso to Sub-clause (3) to Clause 20 of the Ordinance, altering the whole basis of absorption. The new proviso is given a retrospective effect, and it now holds the field from the notified date i.e., January 30, 1976. The proviso in Sub-clause (3) to Clause 20 laying down a particular ratio of absorption, is pro tanto avoided by an express enactment of a 'new' proviso to Sub-section (3) of Section 19 which is entirely inconsistent with it: When an Ordinance is replaced by an Act which is made retrospective in operation, anything done or any action taken under the Ordinance stand wholly effected. 22. In the result, the appeal as well as the writ petitions must fail and are dismissed. There shall be no order as to c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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