M SRINIVASA MUDALI BUS OWNER PUTUR Vs. GOVERNMENT OF INDIA SECRETARY LABOUR AND REHABILITATION DEPARTMENT NEW DELHI

JUDGEMENT

(1.) In this writ petition, the constitutional validity of certain provisions of the Motor Transport Workers Act, 1961 (hereinafter referred to as the Act) and the rules made thereunder is challenged on the ground that they impose unreasonable restrictions on the petitioners' right to carry on motor transport business under Article 19 (1) (g) of the Constitution.

(2.) The facts necessary for the disposal of this writ petition are these The petitioners are all transport operators having; stage carriage permits and public carriage permits in the State. Some of them are also having idle vehicles, which are kept ready for use, whenever temporary permits are granted or to serve as a standby in case of breakdown of some vehicles. Normally, a permit is granted for three years subject to its being renewed thereafter at the discretion of the authorities concerned. According to the petitioners due to increase in the number of vehicles on the routes and competition from other operators the business ceased to be a. lucrative one, apart from the high incidents of taxation and rise in prices of diesel oil, spare parts, tyres etc. The operating staff consists of drivers, conductors checking inspectors, cleaners etc. They are paid wages in accordance with the notification issued under the Minimum Wages Act and in some cases as per the contract of service. In addition, they" are also paid batta every day which ranges from Rs. 3 to Rs. 5 whenever they are on duty.

(3.) The sections that are challenged in the course of the arguments of the learned Counsel are section 1 (4) section 9 read with rule 23, section 10 (1), section 13 read with rule 27, section 17 and rule 28.