Kerala High Court Judgement on Motor Transport Workers Act 1961 in KSRTC

DEVAN RAMACHANDRAN, J.

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W.P.(C)Nos.2945/2020, 16368/2021

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3356 of 2022

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Dated this the 17th day of June, 2022

ORDER

The essential question in these cases is as to the settlement of the Schedules of trips by the Kerala State Road Transport Corporation (KSRTC). 

2. The petitioners allege that the present Schedules violate the Motor Transport Workers Act, 1961, since they are now being forced to work more than eight hours.

3. Before I go into the merits of the

contentions of the rival parties, I am of the firm view that this Court must be told how Schedules are fixed in KSRTC and what are the considerations which go into it while doing so. 

4. In fact, Sri.Deepu Thankan – learned Standing Counsel for the KSRTC, submitted that the

Schedules are fixed after considering every W.P.(C)Nos.2945/2020 & Con.Cases 

-2 germane aspect, including the workload of the employees, and also the efficiency and profitability

to be achieved. In the afore circumstances, I adjourn this

matter to be called on 27.06.2022, so as to enable the KSRTC to revert to this Court with a proper instruction as to a Foolproof Mechanism for fixing the Schedules of their trips, which will not violate the Statutory Scheme either.

 

Sd/-

DEVAN RAMACHANDRAN

The Kerala High Court on Friday asked Kerala State Road Transport Corporation (KSRTC) to produce a foolproof mechanism it uses to schedule its trips after a plea complained of employees being forced to work more than eight hours.

Justice Devan Ramachandran directed the KSRTC to revert back with proper instruction on the same before going into the merits of the case. 

"Before I go into the merits of the contentions of the rival parties, I am of the firm view that this Court must be told how Schedules are fixed in KSRTC and what are the considerations which go into it while doing so."

The petitioners had approached the Court through Advocates V. Premchand and Surya Mohan P, alleging that the present schedules of KSRTC violate the Motor Transport Workers Act, 1961, since they are now being forced to work more than eight hours.

However, Standing Counsel Deepu Thankan appearing for the KSRTC submitted that the Schedules are fixed after considering every germane aspect, including the workload of the employees, and also the efficiency and profitability to be achieved.

The Court deemed it appropriate that KSRTC be given time to produce before it a foolproof mechanism for fixing the Schedules of their trips, which does not violate the statutory scheme either.

The matter will be taken up for further consideration on 27 June. 

Case Title: T.K Pradeep v. Kerala State Road Transport Corporation & Ors.

Citation: 2022 LiveLaw (Ker) 289

Click Here To Read/Download The Interim Order 

https://www.livelaw.in/news-updates/kerala-high-court-ksrtc-over-burden-employee-schedules-201966