IN THE HIGH COURT OF KERALA, AT ERNAKULAM
Present:
The Hon'ble Mr. Justice J.B. Koshy
Tuesday, the 30th day of November, 199/9th Agrahayana, 1921.
O.P.NO. 5 5 3 OF 1999-N
PETITIONER:
Institute of Social Welfare, represented by its Secretary, M.G.C. Nair, XXXVII/2741, Elamkulam, Kadavanthara, Kochi-20.
By Advocate Mr. P.B. Sahasranaman.
RESPONDENTS:
R1 & R2 by Govt. Pleader Smt. P.K. Santhamma.
R3 by Advocate Mr. P. Ravindran.
This original petition having been finally heard alongwith O.P.No.9005/1999 on 30-11-1999, the Court on the same day delivered the following:
J..B. KOSHY, J.
------------------------------------------
O.P.NOS. 553 & 9005 OF 1999
------------------------------------------
J U D G M E N T
These original petitions are filed alleging that Private bus owners who are running stage carriages especially in Cochin City are frequently striking work violating the permit conditions including rule 152 of the Kerala Motor Vehicles Rules, 1989 (hereinafter referred to as 'Kerala Rules'). It reads as follows:
"152. Failure to use transport vehicle: It shall be a condition of the permit of every transport vehicle (other than a private service vehicle permit) that the vehicle shall be so maintained as to be available for the service for which he permit was granted, for the entire period of currency of the permit and that the permit is liable to be suspended or cancelled, after due notice to the permit holder, if the vehicle has not been used for the purpose for which the permit was granted, for ny day in the case of a stage carriage unless a reserve bus duly authorised in this behalf has conducted substitute service in the place of the route-bus which defaulted service, and for a contineous period of fifteen days or more in the case of other transport vehicles, during the period for which the permit authorises the use of the vehicle on the road, unless the State or Regional Transport Authority is satisfied that the permit holderwas prevented by sufficient cause from running the service or that the permit holder had obtained the previous permission of the State or Regional Transport Authority to suspend the service for such period during which the vehicle was not operated."
As per rule 213 of the Kerala Rules vey stage carriage shall run in accordance with the time schedule except when prevented by an accident or unavoidable cause. Rule 213 as follows:
"213. Vehicles to run n accordance with schedule:-When a schedule of timings has ben prescribed under rule 212 every stage carriage on such route shall run in accordance with it, except -
There are mandatory provisions violation of which will cause action as provided under the Rules.
2.It cannot be denied that without the help of private bus service normal traffic in the Cochin City and other places where private buses run is not possible. Whenever there is bus strike all the colleges and schools in the city used to close because students are unable to attend the classes. There is no City service by the KSRTC in the Cochin City and, therefore, people are solely depending upon private buses for transportation and lightening strike by the buses will certainly make the normal life a standstill. Students especially girl students, working women and poor people who cannot afford to have own vehicles or unable to hire taxi will be put to unempected miseries and troubles. This cannot be permitted. Therefore, except for unavoidable reasons and exigencies as provided under rule 213 of the Kerala Rules, bus owners shall not stop the service by way of lightening strike. If they are engaged in lightening strike appropriate action including non-renewal of permit etc. shall be taken by the authorities.
3.It is stated in the counter affidavit filed by the Government as follows:
"……It is a usual practice of the Private Bus Operators or the labourers of the Cochin City to resort the strike without giving prior notice. This type of strike is causing undue inconvenience to common travelling public. For example on 5-1-1999 and 6-1-1999 some of the bus owners stopped to ply their vehicles in City area when officers of the Motor Vehicles Department and Police Department checked vehicles to enforce the provisions relating to Motor Vehicles Laws."
But it is not mentioned whether any action was taken against such bus owners under rule 216 of the Kerala Rules. Rules made in public interest is not intended to be put in glass boxes or in show cases; but it has to be acted upon. If illegal charge sheets are made by the police as stated by the Private Bus Owners' association, it is for them to take steps according to law and not by striking so as to create nuisance and miseries to the innocent public and the authorities should take strict action as provided under the Rules.
4. It is submitted that at certain occasions, bus owners are unable to pay their buses due to strike by the employees and it is an unavoidable reason as provided under rule 213. In para 4 of the counter affidavit filed by the Government it is stated as follows:
"Against ground 'B' it is submitted that action against the permit holders can be initiated when the vehicles are stopped from service without prior notice. But, major protions of the owners are stopping the services due to compulsion of a few number of owners and labourers, who start with the strike. There is no provision to initiate action aginst the permit holders whenever they are threatened to strike by the labourers without prior notice."
It is a sorry state of affairs by which Government authoritiesaver with helplessness. If the employees are striking illegally, it is for the Management to take action against those emplyees. Employees shall also not strike without giving notice. Counsel for the Bus owners submit that there may be Bundhs also and they will not be able to conduct service. Undhs are prohibited by judgment of this court. With respect to hartal it is only voluntary and they are not prohibited from running the service and in such conditions also police protection is given to the bus owners to run the bases. If police is not giving protection to run the bus service to add the miseries to the public it is a derelictin of duty and bus owners are entitled to get damages reimbursed from the Government. Of course, Government can realise it from the persons who cause the damages or from the parties or associations who call for such hartal. However, I make it clear that whether fleet owner failed to conduct bus service as per the schedule due to unavoidable reasons is a question of fact to be decided by the authorities on the facts of each case.
5.Government should also consider the question regarding transport service as a public utility service so that action can be taken under section 22 of the Industrial Disputes Act. Under section 2(n)(I) of the Industrial Disputes Act, railway service or any transport service for the carriage of passengers or goods by air is a public utility service. Under section 2(n)(vi) any industry specified in the First Schedule which the appropriate Government may, if satisfied that public interest so required, by notification in the Official Gazette, declare to be a public utility service. Item No.1 in First Schedule to the Industrial Disputes Act is:
"Transport (othe than railways) for the carriage of passengers of goods by land or water."
If train service and air service are already declared as a public utility service, there is no reason in forbearing from declaring transport service by land also as public utility service. But it has to be done by notification. Urgent attention of the Government is needed in this matter.
6. Government should also consider running more KSRTC buses in the City and other places where there is no other mode of transport but public has to resort to private bus service only. It is averred that none of the KSRTC buses are plying in Cochin City. IF KSRTC buses ar also running in addition to th private bus service it will ease the burden of poor passengers wo are stranded by the strike caused by private bus owners and employees. It is submitted by the Government Pleader that steps are being taken in this line. I record the above submission.
These original petitions are disposed of as above.
Sd/- J.B. KOSHY, JUDGE.