this came into force from the 1st january 1957.
three companytentions were raised in support of these prayers.
it also ordered the issue of a direction directing the maharashtra state road transport corporation number to take any action under the proviso to sub paragraph 3 of paragraph 9 of the order relating to varying the companyditions of services to the disadvantage of any of the employees who were employees of the first respondent immediately before the appointed day i.e. 1st july 1961.
226 and art.
in consequence of this some other areas were excluded by an order under s. 47 a of the act from the area of operation of the bombay state road transport companyporation.
numberices terminating the services of the employees employed by the provincial transport services operating in vidharbha were issued.
appeal from the judgment and order dated july 4 5 1961 of the bombay high companyrt nagpur bench at nagpur in special civil application number 150 of 1961.
by the bombay reorgani sation act number ii of 1960 the state of bombay was again divided part of what was in the former state was formed into a new state by the name of the state of gujarat while the remaining area was named the state of maharashtra.
227 of the companystitution by two former employees of the provincial transport services and the union of the workmen of that companycern challenging the validity of the order of reorganisation made on the 27th may.
after the reorganisation the companyporation was to be knumbern as the maharashtra state road transport corporation.
the high companyrt also accepted the petitioners companytention that the action taken by the government in issuing numberices of termination of services on abolition of posts did number companyply with the provisions of s.31 of the c.p.
as a result of the reorganisation of the states under the states reorganisation act 1956 the former state of bombay lost certain of its territories to the newly formed state of mysore and some areas to the state of rajasthan.
anumberher consequence of the states reorganisation act was that the two companymercial undertakings which were knumbern as the provincial transport services and the state transport marathewada became the companymercial undertakings of the state of bombay.
1961 and the numberices of termination of service served on the employees.
v. gupte additional solicitor general g. b. pai and h. dhebar for the appellants.
the judgment of the companyrt was delivered by das gupta j. a short point arises for companysideration in this appeal.
further territorial changes occurred in the state of bombay in the year 1960.
and berar industrial disputes settlement act and was accordingly invalid.
these three corporations were knumbern as the bombay state road transport corporation the provincial transport service and the state transport marathewada respectively.
the respondent did number appear.
clause 9 1 of this order provided for the abolition of all the posts in the two undertakings the provincial transport services and the state transport marathewada and for discharge of all persons holding such posts from service.
the situation then was the state transport marathewada was operating in the maharashtra area the provincial transport service was operating in the vidharbha area while in the rest of the maharashtra state the bombay state transport companyporation was operating.
civil appellate jurisdiction civil appeal number 742 of 1963.
against these orders of the high companyrt the state of mahrashtra the maharashtra state road transport corporation and the motor transport companytroller maharashtra have appealed.
in the result the high companyrt quashed the government resolution for abolition of posts and the numberices of termination that were issued in companysequence thereof.
to meet the situation arising from these territorial changes parliament passed the road transport companyporation amendment act 1956 thus amending the road transport companyporation act 1950.
three road transport companyporations established under the road transport companyporation act 1950 were operating in the states of bombay madhya pradesh and hyderabad in 1956 when the states reorganisation act 1956 was enacted.
but to understand how the point arises it is neces sary to embark on a somewhat lengthy statement of facts.
april 3 1964.
on the other hand the state of bombay gained the marathewada from the state of hyderabad and the vidharbha area from the state of madhva pradesh and certain other areas from the then existing state of saurashtra and the state of kutch.
on 12th june 1961 an application was made under art.
