ORDER 1. On 24-9-2004 this Court passed an order appointing a committee to go into the disputes between the States of Bihar and Jharkhand concerning the Bihar State Road Transport Corporation. The Government of Bihar has suggested the names of Mr N.K. Sinha, Additional Finance Commissioner, Government of Bihar and Mr G.S. Kang, Development Commissioner, Government of Bihar, to represent the State of Bihar and the Government of Jharkhand has suggested the names of Mr A.C. Ranjan, Commissioner and Secretary, Transport and Civil Aviation, Government of Jharkhand and Mr Rajiv Arun Ekka, State Transport Commissioner, Government of Jharkhand, to represent the State of Jharkhand, to be the members of the Committee. The Chairman of the Committee shall be a retired Judge of this Court and the counsel appearing on either side will suggest the name after taking consent of the proposed Chairman. The State of Bihar has submitted draft terms of reference and separate terms of reference have been submitted by the State of Jharkhand. 2. We have heard counsel on both sides. We have also heard the counsel who represented some of the employees of the Corporation. 3. The following terms of reference shall be considered by the Committee: "1. The distribution of assets and liabilities of the Bihar State Road Transport Corporation between the States of Bihar and Jharkhand. 2. The requirement of continuation or otherwise of the Bihar State Road Transport Corporation in its united form as inter-State Corporation till the completion of its financial revival package approved by this Court. 3. The determination of share of respective States in financial revival package for the entire cost of revival package. 4. The Committee shall also consider how the present employees of the Bihar State Road Transport Corporation shall be divided between the two States and, their future employment with protection to their continuance." 4. In making its recommendations, the Committee should have regard, among other considerations, to: "1. The set of criteria on a scientific and rational approach. 2. The transport potentialities of two States derived on the basis of passenger potentialities of passenger vehicles in two States. 3. The ratio of overall vehicle population in the two States. 4. The per capita State domestic product (SOP) of the two States. 5. The set of criteria on a scientific and rational approach. 2. The transport potentialities of two States derived on the basis of passenger potentialities of passenger vehicles in two States. 3. The ratio of overall vehicle population in the two States. 4. The per capita State domestic product (SOP) of the two States. 5. The business potentialities available in the two States derived on the basis of nationalised route exclusively reserved for the buses of the Bihar State Road Transport Corporation. 6. The ratio of landed property of the Bihar State Road Transport Corporation situated in the two States. 7. Any other relevant/logical criteria for the equitable distribution of assets and liabilities with a view to ensure that economic revival package is not affected adversely." 5. In case the employees are allotted to the State of Jharkhand and it decides not to continue with the State Road Transport Corporation their continuance or otherwise in service shall be ensured and they shall be assured of the benefits enshrined in the Industrial Disputes Act, 1947. 6. The Committee shall also have regard to Notification No. S.O. 1437(E) dated 18-12-2003 and Notification No. S.O. 61(E) dated 14-1-2004 issued by the Ministry of Road Transport and Highways. The Committee shall furnish its report within a period of four months from the date of its constitution. 7. List the matter after two weeks.