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3.By the impugned order, dated 11.10.2010, bifurcation order was issued. By a further order, dated 12.10.2010, it was indicated that the Metropolitan Transport Corporation (Chennai) Ltd. will be divided as North Zone having headquarters at Anna Nagar Depot and will be called as Metropolitan Transport Corporation (Chennai-North) Ltd. and the other one functioning in the Southern Zone will be called as the Metropolitan Transport Corporation (Chennai-South) Ltd. Likewise, the Tamil Nadu State Transport Corporation (Madurai) Ltd. was also directed to be split up into two corporations which which in these writ petitions we are not concerned as there is no challenge to the said decision. In G.O.(Ms)No.276, dated 12.10.2010, it was also indicated that naming of two Corporations will be done separately by a Government Order.

12.It was further contended by the learned Senior Counsel that bifurcation of Metropolitan Transport Corporation (Chennai) Ltd. into North and South Corporations was likely to lead retrenchment. In the absence of any notice under Section 9-A of the Industrial Disputes Act, 1947, the impugned orders are liable to be set aside. It was also stated that there is no application of mind in forming two Corporations. They have not considered the financial viability to form the two Corporations. If the operational jurisdiction of the Corporations was made making the E.V.R.Periyar Salai as a divider, then most of the revenue yielding routes will go to the South Corporation and that the North Corporation will be incurring huge loses. Hence there was no study on the revenue yielding pattern, costing, profit and loss before the impugned decisions. By having two separate Corporations, if there will be an increase in the administrative structure, it will lead to increase in overheads and that the cost implications were not considered. After 1993 bifurcation, it was once again merged into single Corporation in the year 1997. After amalgamation now again to go for bifurcation is nothing but an arbitrary exercise of power. Even due to earlier demerger and merger and once again demerger, the confusion created to workers remains unresolved. Therefore, the impugned orders must be set aside. Similar was the contention raised by the individual workers.

37.With these observations, both writ petitions will stand dismissed. However, there will be no order as to costs. Consequently, connected miscellaneous petitions stand closed.

vvk To

1.The Principal Secretary to Government, The Government of Tamil Nadu, Department of Transport, Fort St. George, Chennai-9.

2.The Special Officer Chennai Metropolitan Transport Corporation, (Chennai-North) Ltd., (appointed for bifurcation) Anna Nagar Depot, Chennai-600 101.

3.The Managing Director, Chennai Metropolitan Transport Corporation (Chennai-South) Ltd., Pallavan Salai, Mount Road, Chennai-2.