MUNICIPAL COUNCIL RAIPUR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal by special leave arises out of the following facts. Inspector Ahuja inspected the Municipal Council, Raipur, under the Motor Transport Workers Act, 1961 - hereinafter referred to as the Act - and found that 50 transport workers, including drivers, conductors, mechanics etc., had been employed by the Council but the Council had not been registered as required under S. 3 (1) of the Act. He filed a complaint before the Special Magistrate and Presiding Officer, Labour Court, who issued summons to the accused, namely, the Municipal Council and the Chief Municipal Officer, Municipal Council, Raipur. The accused appeared by counsel and filed preliminary objections. Before the Magistrate two points were taken: (1) that the Municipal Council was not a 'motor transport undertaking' within S. 2 (g) of the Act, and (2) that the Council was exempt under S. 38 of the Act insofar as it uses the vehicles for transporting sick or injured persons and for maintenance of public order, i.e., for transporting night soil and refuse of the town free of charges. The Magistrate accepted these contentions and dismissed the complaint and discharged the accused persons.

(2.) The State of Madhya Pradesh filed a revision before the Sessions Judge, Raipur, who, agreeing with the findings of the Magistrate, dismissed the revision. The State then filed a revision under S. 439, Cr. P. C. Three points were debated before the High Court: (1) whether a revision lay under S. 439, Cr. P. C. The contention was that the accused had been acquitted and not discharged and, therefore, only an appeal under S. 417, Cr. P. C., lay: (2) that the Municipal Council does not fall within the definition of the expression "motor transport undertaking" in S. 2 (g); and (3) that the transport vehicles owned by the Municipal Council are exempt under S. 38 (1) of the Act.

(3.) The High Court overruled the preliminary objection and held that a revision lay under S. 439, Cr. P. C., because the order passed by the Magistrate was an order of discharge and not of acquittal. On the second point the High Court held that the Municipal Council fell within the definition of the expression "motor transport undertaking". On the third point the High Court held that the vehicles of the Municipal Council did not come within the exemption under S. 38 of the Act.