MOHAMED ZAFRUL ISLAM Vs. BIRENDRA LALL

JUDGEMENT

(1.) IN this petition under Article 226 of the Constitution the petitioner, who is an employee working as a motor driver in the Posts and Telegraphs Department, claims a writ of mandamus against the Respondent (Postmaster General, Bombay Circle) directing him to enforce the provisions of the Motor Transport Workers Act, 1961 (hereinafter referred to as "the Act") to the Posts and Telegraphs Motor Service, Bombay. The only purpose of the petition is that the Respondent should not prescribe more than 8 hours' duty on any day and 48 hours' duty in any week for the drivers of motor vehicles employed in the Posts and Telegraphs Motor Service.

(2.) THE petitioner's main contention is that the Posts and Telegraphs Department is a commercial undertaking. The Department runs the Motor Service in order to convey mails from and to different Post Offices in Greater Bombay. The Department employs drivers, who are required to work on this Motor Service. These drivers are required to work for 8 hours and 40 minutes every day and 52 hours every week. Under the provisions of the above Act, admittedly, it is not permissible to employ drivers of motor vehicles so as to make them work for more than 8 hours every day and more than 48 hours every week. The Petitioner's contention is that the provisions of the Act are applicable to the Motor Service maintained by the Department. It is, therefore, not justifiable that the Respondent should make the petitioner or other drivers employed in the Motor Service of the Department to work for the hours, which are in excess of the prescribed hours under the Act.

(3.) THE Respondent's contention is that the Department is not a commercial undertaking. In fact, provisions of the Act are not applicable to the Department. The petitioner's contention is, therefore, untenable.