M SRINIVASA MUDALI BUS OWNER PUTUR Vs. GOVERNMENT OF INDIA SECRETARY LABOUR AND REHABILITATION DEPARTMENT NEW DELHI
HIGH COURT OF ANDHRA PRADESH
M.SRINIVASA MUDALI, BUS OWNER, PUTUR
GOVERNMENT OF INDIA, SECRETARY, LABOUR AND REHABILITATION DEPARTMENT, NEW DELHI
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Obul Reddy, J. -
(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
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