The Kerala Automobiles Limited (Validation) of Appointment of Personnel) Act, 2004

.- '4 31 THE KERALA AUTOMOBILES LIMlTED (VALIDATION OF APPOINTMENT OF PERSONNEL) ACT, 2004 (Act 3 of 2004) CONTENTS P1 eamble Sectzom I Short tttle and commencement 2 Vahdatton 3 Repeal and Savmg 33 [TranslatiOn m English of the "2004 -6)(;)1 ace,m~ 6D<l3:)6)aJ:)6)6)6lllamm3' eilaJ1qru3 (m1rum.oo:)Cll;j6)S m1<DJaJmo <T\.l:)Wlce,m1.ooam) ~<ih<J" published under the authonty of the Governor] THE KERALA AUTOMOBILES LIMITED (VALIDATION OF APPOINTMENT OF PERSONNEL) ACT, 2004 (ACT 3 OF 2004) An Act to val1date the appozntment of penonnel made tn the Kerala Automob1/es L1m1ted m the vacancies wh1ch arose dunng the penod from the 1st day of July, 1978 to 28th day of March. 1984 Preamble -WHEREAS the Kerala Automobiles L1m1ted (KAL) has been registered as a company w1th Certificate of Incorporation No 296611978 under the Compames Act, 1956 and 1s fully owned by the Government of Kerala, AND WHEREAS the Governor may from time to t1me 1ssue such d1rect1ves in regard to the conduct of the busmess and affa1rs of the company m pursuance of Art1cle 122 of the Articles of Assoc1at10n of the Company, AND WHEREAS the Government had 1ssued gu1dehnes 1n Jetter No 20094/G3178/ID dated the 1st July, 1978 and Jetter No 15439/G3!79/ID dated the 5th July, 1979 regardmg the general pnnc1ples to be followed by the satd company m the matter of recrUitment of personnel and m letter No 3798l/G3/83/ID dated the 7th September, 1983 had directed the company to ensure the prmc1ple ' ~ of communal rotat1on m the recrmtment of personnel, AND WHEREAS the H1gh Court m 1ts Judgment m 0 P No 9107/1983 had quashed the nottficat!On inviting applicatiOn for recrmtment of personnel • published by the sa1d company on the bas1s of the letter dated the 7th September, 1983, and made 1t clear that If the Government was mterested m supersedmg or modtfymg the guidehnes Issued m 1978 and 1979, thereby takmg away or curtalling the nghts of certam ex-employees who had a preference to recrmtment m the satd company, 1t would be open to the Government to do so in accordance w1th law , 34/26'1612005/DTP 34 AND WHERFA.S the Government had Issued revised guidelines In G 0 (Ms) No 89/84/ID dated the 28th March, 1984 protectmg the appomtments made durmg the penod from the 7th September, 1983 to 24th January, I 984 and specified that future appomtments m the company shall be made after observmg communal rotation and reservatiOn as IS available under the State Service, AND WHEREI\S It IS expedient to validate the appomtments of personnel made m the Kerala Automobiles Limited m the vacancies which arose durmg the penod from I st July, 1978 to 28th March, 1984, 81:. It enacted m the Fifty-fifth year of the Republic of India as follows.- Short title and commencement-{ I) This Act may be called the Kerala Automobiles L1m1ted (Yahdatwn of Appointment of Personnel) Act, 2004 (2) It shail be deemed to have come mto force on the 15th day of September, 2003 2 Va!JdatJon -Notwithstandmg anythmg contamed m the gUidelines 1ssued by the Government to the Kerala Automobiles L1m1ted m letter No 20094/ G3!73/ID dated the I st July, 1978 and letter No 15439/G3179/ID dated the 5th July, 1979 under Art1cle 122 of the Articles of AssociatiOn of the company or m any other Government drrect1ve or m any JUdgement, decree or order of any court, all acts done m the matter of appointment of personnel made m the Kerala Automobiles L1m1ted m the vacancies which arose durmg the penod from the I st day of July, 1978 to the 28th day of March, 1984 shall be deemed to have been validly done and the \ahdity of such acts m the matter of appomtment of personnel made m the vacancies arose dunng the sa1d penod shall not be called m questiOn m any court of law on the ground that they have not been done m pursuance of the gUidelmes Issued by the Government in th1s behalf 3 Repeal and Savmg--{ I) The Kerala Automobiles L1m1ted (Validation of Appomtment of Personnel) Ordmance, 2003 (5 of 2003) 1s hereby repealed -t (2) Notw1thstandmg such repeal anythmg done or any actiOn taken under the sa1d Ordmance shall be deemed to have been done or taken under tillS Act -