The Hindu : Declare transport sector as public utility service: HC

Online edition of India's National Newspaper
Saturday, Feb 14, 2004

Kerala

Kerala

Declare transport sector as public utility service: HC

By Our Staff Reporter

KOCHI, FEB. 13. A Division Bench of the Kerala High Court today directed the State Government to take necessary steps as ordered in an earlier High Court verdict directing it to declare public transport sector as a public utility service to avert any possible "threat to the public" due to a total strike by bus operators.

The Bench comprising Justice K.A. Abdul Gafoor and Justice J.M. James directed the Government to invoke Section 2(n)(vi) of the Industrial Disputes Act. As per the section, any industry could be declared as a public utility service, if the Government was satisfied that public emergency or public interest required so. In fact, no person working in a public utility service shall go on strike in breach of contract and without giving to the employer notice of strike within six weeks before holding strike, according to the provisions of the Act.

The court had handed out such a ruling in 1997 while disposing of a writ petition filed by the Central for Consumer Education, Pala, following a call for a strike by private bus operators. The court had then held that it was the duty of the State Government to ensure the rights guaranteed under the fundamental rights. The court had held that every citizen had to travel every day to his place or avocation and, therefore, it was a fundamental right guaranteed by the Constitution. The court held that the transport operators had no fundamental right to operate their vehicles at a particular rate. If their business was not profitable, as in the case of any other business, they could close down their business, instead of putting the people to untold miseries. The court had also held that they were free to surrender their permits, if they could not operate profitably and the Regional Transport Authorities could allot the permit to other applicants. The court had also directed the operators to file their returns regarding the daily collection with the authorities concerned as contemplated under the provisions of the Motor Vehicles Act.

When a petition filed by the Forum for Protection of Human Rights against tomorrow's private bus strike came up, the Bench also directed the State Government to take necessary steps to operate as many KSRTC buses to areas where private buses were running.

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