Case Note & Summary
The present intra-court appeal was filed by the Government of Tamil Nadu and the Tamil Nadu State Transport Corporation (Coimbatore) Ltd. against the common order dated 15.11.2023 passed by a Single Judge in W.P.No.31458 of 2023. The writ petition was instituted by the Tamil Nadu State Transport Employees Federation, represented by its General Secretary, challenging an open tender notification dated 30.09.2023 for engaging drivers and conductors on a contract basis to operate regular bus services. The Single Judge had granted an interim stay of the tender notification. The appellants contended that the tender was issued to engage temporary contract drivers and conductors to operate corporation buses, and that the interim order was causing hardship. The court considered the submissions and held that the engagement of drivers and conductors through contract labour for core operational activities is impermissible under the Industrial Disputes Act, 1947 and the Motor Transport Workers Act, 1961. The court noted that drivers and conductors are 'motor transport workers' under the Motor Transport Workers Act, and their employment through contract labour violates Section 20 of that Act. The court found that the balance of convenience was in favor of the workmen and that the Single Judge's interim order did not warrant interference. Consequently, the appeal was dismissed, and the Single Judge was directed to dispose of the main writ petition expeditiously, preferably within three months.
Headnote
A) Industrial Law - Contract Labour - Core Activities - The engagement of drivers and conductors through open tender for regular bus operations amounts to contract labour in core activities, which is impermissible under the Industrial Disputes Act, 1947 and the Motor Transport Workers Act, 1961 - The court held that such practice undermines the rights of workmen and is contrary to the provisions of the Acts (Paras 3-5).
B) Motor Transport Workers Act - Applicability - Drivers and Conductors - Drivers and conductors are 'motor transport workers' under Section 2(h) of the Motor Transport Workers Act, 1961, and their engagement through contract labour violates Section 20 of the Act which prohibits employment of contract labour in certain establishments - The court held that the tender notification was rightly stayed by the Single Judge (Paras 4-6).
C) Writ Jurisdiction - Interim Order - Interference - The appellate court declined to interfere with the interim order of the Single Judge staying the tender notification, as the balance of convenience was in favor of the workmen and the legal issues raised required final adjudication - The court directed expeditious disposal of the main writ petition (Paras 6-7).
Issue of Consideration
Whether the open tender notification for engaging drivers and conductors on contract basis for regular bus operations is legally valid and whether the Single Judge's interim order staying the tender should be interfered with.
Final Decision
The appeal is dismissed. The interim order dated 15.11.2023 passed by the Single Judge in W.P.No.31458 of 2023 is upheld. The Single Judge is directed to dispose of the main writ petition expeditiously, preferably within three months.
Law Points
- Industrial Disputes Act
- 1947
- Section 2(oo)
- Motor Transport Workers Act
- 1961
- Sections 2(h)
- 2(i)
- 20
- Contract Labour (Regulation and Abolition) Act
- 1970
- Section 10
- Constitution of India
- Article 226
Case Details
S. M. Subramaniam, K.Kumaresh Babu
Mr. T.Chandrasekaran for appellant, Ms.Preetha.A for Mr.R.Krishna Swamy for R1, Dr.S.Suriya Additional Government Pleader for R2-4
Government Of Tamil Nadu and Tamil Nadu State Transport Corporation (Coimbatore) Ltd.
Tamil Nadu State Transport Employees Federation, The Addl.Chief Secretary Labour Welfare And Skill Development Department, The Commissioner Of Labour, The Special Joint Commissioner Of Labour, Metropolitan Transport Corporation Ltd., State Express Transport Corporation(tn) Ltd, Tamil Nadu State Transport Corporation(Villupuram) Ltd, Tamil Nadu State Transport Corporation(salem) Ltd, Tamil Nadu State Transport Corporation(Kumbakonam) Ltd, Tamil Nadu State Transport Corporation(Madurai) Ltd., Tamil Nadu State Transport Corporation(tirunelveli) Ltd.
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Intra-court appeal against interim order in writ petition challenging open tender for engaging drivers and conductors on contract basis.
Remedy Sought
Appellants sought to set aside the interim order dated 15.11.2023 passed by the Single Judge in W.P.No.31458 of 2023 staying the tender notification.
Filing Reason
The appellants challenged the interim stay of the open tender notification for engaging drivers and conductors on contract basis.
Previous Decisions
Single Judge passed interim order dated 15.11.2023 staying the tender notification in W.P.No.31458 of 2023.
Issues
Whether the open tender for engaging drivers and conductors on contract basis for regular bus operations is legally valid.
Whether the Single Judge's interim order staying the tender notification should be interfered with.
Submissions/Arguments
Appellant argued that the open tender was issued to engage temporary contract drivers and conductors to operate corporation buses.
Respondent union contended that engaging drivers and conductors through contract labour for core activities is impermissible under the Industrial Disputes Act and Motor Transport Workers Act.
Ratio Decidendi
Engaging drivers and conductors through contract labour for regular bus operations is impermissible as it involves core activities of the transport corporation, violating the Industrial Disputes Act, 1947 and the Motor Transport Workers Act, 1961. The balance of convenience lies in favor of the workmen, and the interim order does not warrant interference.
Judgment Excerpts
The present Intra Court Appeal has been instituted challenging the common order dated 15.11.2023 passed in W.P.No.31458 of 2023.
Learned counsel for the appellant would submit that open tender for engaging of drivers and conductors to operate regular bus operations are issued in order to engage temporary contract drivers and conductors to operate corporation buses.
The court held that the engagement of drivers and conductors through contract labour for core operational activities is impermissible under the Industrial Disputes Act, 1947 and the Motor Transport Workers Act, 1961.
Procedural History
The writ petition W.P.No.31458 of 2023 was filed by the Tamil Nadu State Transport Employees Federation challenging the open tender notification dated 30.09.2023. The Single Judge passed an interim order on 15.11.2023 staying the tender. The appellants filed the present intra-court appeal under Clause 15 of the Letters Patent against that interim order.
Acts & Sections
- Industrial Disputes Act, 1947: Section 2(oo)
- Motor Transport Workers Act, 1961: Sections 2(h), 2(i), 20
- Contract Labour (Regulation and Abolition) Act, 1970: Section 10
- Constitution of India: Article 226
