Rajasthan State Roadways Employees Union, Barmer v. State
1998-01-12
P.P.NAOLEKAR
body1998
DigiLaw.ai
JUDGMENT 1. - The question involved in the petitions is common and, therefore, both the petitions are disposed of by this common order. 2. The petitioner is a registered union of workers, employed in the Rajasthan State Road Transport Corporation. The petitioner sought a relief of direction to the respondents not to operate their buses without conductors. The only question raised by the learned counsel for the petitioner is that there is a legal prohibition on the Rajasthan State Road Transport Corporation running its buses without conductors. 3. Learned counsel for the respondents submits that although it is incumbent on the Rajasthan State Road Transport Corporation to deploy the conductors in its buses but, it is not a requirement of law in all circumstances and, in given case the driver can act as a conductor. 4. Rajasthan Motor Vehicles Rules, 1990 clause 2.23 provides for Conduct and Duties of Drivers of Stage Carriages and Contract Carriages other than Motor Cabs. Sub Clause (xx) lays down that the Driver shall not ply a Stage Carriage or Contract Carriage for more than six passengers unless there is a duly licensed conductor on duty in the vehicle. Further, clause (xxiii) requires that when the vehicle is required to cross an unmanned railway level crossing, the conductor alights from the vehicle to guide its safe crossing. Clause 3.9 of the Rules lays down duties and conduct of the Conductor of stage carriages. It requires that the conductor shall not allow any person to be carried in the stage carriage in excess of the seating capacity without there being giving a sufficient and good reason, refuse to carry any passenger who tendered the legal fare, shall not allow any passenger to be carried in any stage carriage without payment of the legal fare, shall not cause or allow any thing to be placed in the vehicle in such a manner as to obstruct the entry of exit of passenger, shall issue a ticket immediately on payment of legal fare of freight, shall be on the look out for other motor vehicle approaching from behind and effectively sign their approach to the drivers, shall help the infant, disabled, pregnant ladies, old aged passenger and ladies with child in arm, to board and alight the bus.
Section 29 of the Motor Vehicles Act, 1988 is in regard to restriction on a person to act as a conductor without license. Sub-section 2 of Section 29 authorises the State Govt. to prescribe the conditions subject to which Sub-section (1) shall not apply to a driver of stage carriage, performing the function of a conductor. Clause 3.2 of the Rules, 1990 imposes a duty on the conductor apart from the duties mentioned in clause 3.9 to attend on the passengers and would be responsible for the observance of the Rules 1990. Clause further lays down that where in an emergency it becomes difficult for the permit holder to provide for a conductor of stage carriage, or where a conductor on duty, for reasons beyond his control, cannot perform his duties, the driver of the stage carriage may for a period not exceeding one month act as a conductor of stage carriage without holding the conductors licence under Section 30. 5. By virtue of Section 29 of the Motor Vehicles Act, 1988 no person can act as a conductor of the stage carriage unless, he holds a conductor licence. Sub-section 2 of Section 29 lays down the condition subject to which a driver without licence can perform the function of a conductor. Clause 3/2 permits the driver to act as a conductor in case of emergency when it is difficult for the permit holder to provide a conductor for the stage carriage or when the conductor although on duty, for reasons beyond his control, cannot perform his duties and, that too, is permissible only not beyond the period of one month. The conduct and duties of the driver and that of the conductor indicate the presence of the conductor in a bus as a legal requirement except in the situation provided under clause 3.2 of the Rules.
The conduct and duties of the driver and that of the conductor indicate the presence of the conductor in a bus as a legal requirement except in the situation provided under clause 3.2 of the Rules. On conjoint reading of Section 29 and Section 22 of the Motor Vehicles Act, 1988, some of the provisions of clause 2/23, clause 3/9 and 3/2 of the Rajasthan Motor Vehicles Rules, 1990, and on over all reading of the aforesaid provisions I am of the view and therefore direct that the Rajasthan State Road Transport Corporation is duty bound to engage a conductor in its stage carriage or contract carriage unless a situation arises where it is a case of an emergency, when it is difficult for the Corporation to provide for conductor of the stage carriage or, where the conductor on duty could not perform his duties for the reasons beyond his control and, that too, for a period not exceeding one month. 6. With the aforesaid directions, the writ petitions stand disposed of.Petition disposed of. *******