Govt. Tpt Service v. S.L Mishra And Others

Order

1. The short question that arises for consideration in this case is the applicability of the Motor Transport Workers Act to the workmen who are respondents before us.

2. The Government set up a separate department known as Government Transport Service which had to maintain vehicles and provide transport with the help of its staff. The material placed before the High Court in the shape of the government resolutions, department circulars, the affidavits filed thereto indicated that the vehicles of the Government Transport Service are given out against payment, that regular bills are raised in respect of charges which are even described as hire charges. In certain cases when such vehicles are given for the use of VVIPs, VIPs and State guests such charges are paid by the department concerned of the State Government. In other cases where charges are not borne by the State Government the charges are paid by the person using the vehicle. In these circumstances there cannot be any doubt that the Department of GTS is an undertaking engaged in carrying passengers, as defined in Section 2(g) of the Motor Transport Workers Act and is covered by sub-section (4) of Section 1. Therefore, we find that the view taken by the High Court is perfectly in order and calls for no interference. The appeal is dismissed.