IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
Friday, the 17th day of June 2022 / 27th Jyaishta, 1944
WP(C) NO. 2945 OF 2020(P)
PETITIONERS:
1. RAJESH KUMAR M.N., AGED 40 YEARS, S/O. NARAYANAN NAIR, SREE RAGAM
APARTMENT, 43/2013 E, DARUSALAM LANE, PACHALAM, KOCHI-682012(DRIVER,
KEARLA STATE ROAD TRANSPORT CORPORATION, ERNAKULAM DEPOT).
2. BIJU V.A., AGED 45 YEARS, S/O. ANTHONY V.K., VELUCKARAN HOUSE, P O
CHOOLISSERY-680541, (DRIVER, KERALA STATE ROAD TRANSPORT
CORPORATION, ATTINGAL DEPOT).
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT,
TRANSPORT(A) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.
2. THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS
MANAGING DIRECTOR, TRANSPORT BHAVAN, EAST FORT,
THIRUVANANTHAPURAM-695023.
3. THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION,
TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM-695023.
4. THE EXECUTIVE DIRECTOR(OPERATIONS) KERALA STATE ROAD TRANSPORT
CORPORATION, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM-685023.
5. THE DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT
CORPORATION, ERNAKULAM DEPOT-682011.
6. THE DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT
CORPORATION, ATTINGAL DEPOT-695101.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the KSRTC to re-arrange the duty schedules as single
duties with sufficient rest between the trips in the light of P3 judgment
and P4 memorandum, pending disposal of this Writ Petition (Civil).
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this Court's order dated
16.09.2021 and upon hearing the arguments of M/S K.P.JUSTINE (KARIPAT),
Advocate for the petitioners, GOVERNMENT PLEADER for R1, M/S DEEPU THANKAN
and T.P.SAJAN, STANDING COUNSEL for R2 to R6, the court passed the
following:
p.t.o
DEVAN RAMACHANDRAN, J.
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W.P.(C)Nos.2945/2020, 16368/2021
&
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
H/o JUDGE
akv
17-06-2022 /True Copy/ Assistant Registrar