Satish Chandra, J. - (1.) THIS appeal is directed against the judgment of a learned single Judge dismissing a writ petition. In its turn the writ petition prayed that the State of Uttar Pradesh and the Additional Regional Conciliation Officer, Saharanpur be restrained from enforcing the provisions of Motor Transport Workers Act against the Appellant.
(2.) MESSRS Star Paper Mills Ltd,, Saharanpur the Appellant, is a limited company, carrying on the business of manufacture and sale of paper. Its registered office is at Calcutta. Its factory is situate at Saharanpur in Uttar Pradesh. At Saharanpur the company established a Transport Department to collect raw materials like Bais Grass and Pine wood to be utilised for the manufacture of paper. This department owns a fleet of 38 transport vehicles which are worked by numerous drivers, cleaners, operators etc. employed by the Appellant company In October, 1963 the Appellant company applied Under Section 38(2)(iii) of the Motor Transport Workers Act, 1961 for exemption from its provisions. On 30th September, 1964 the Additional Regional Conciliation Officer rejected, the prayer and directed the Appellant company to get itself registered under the Motor Transport Workers Act, 1961. Aggrieved the Appellant company came to this Court Under Article 226 of the Constitution. A learned Single Judge was ' not impressed by any of the submissions raised in support of the petition and dismissed it. Hence the present appeal.
(3.) FOR the Appellant it was urged that the Saharanpur Office of the Appellant company is an independent department and is not a motor transport undertaking as defined by the Motor Transport Workers Act. Section 1(4) of the Workers, Act applies it to every motor transport undertaking employing five or more motor transport workers. Clause (g) of Section 2 defines a motor transport undertaking to mean a motor transport undertaking engaged in carrying passengers or goods or both by road for hire or reward and includes a private carrier.;