Research › Search › Judgment

Jharkhand High Court · body

2013 DIGILAW 814 (JHR)

A. P. Transport Company v. State of Jharkhand

2013-07-08

N.N.TIWARI

body2013
JUDGMENT 1. The petitioners confine their prayer to the extent of allowing them to engage only physically and mentally fit drivers out of the final list of 975 convoy drivers. 2. Learned senior counsel for the petitioner submitted that the Company is facing difficulty in absence of any such order as the Union forces the Company to engage drivers, who are incapable and not physically and mentally fit to drive the company's vehicle to different destinations. He further submitted that a Committee of experts, including the Medical Officer of the Company be constituted for the purpose of certifying fitness of the drivers. 3. By order dated 15th October, 2007, the Deputy Commissioner had given direction for verifying the fitness of the drivers, but the same is not being followed. There is always risk of road accidents. Number of persons have already become victim of road accident due to deployment of incompetent drivers. 4. Learned counsel for the State respondents as well as Respondent No.6 and 7 submitted that the Union has been protesting against the deployment of drivers who are not in the final list of the convoy drivers. They have no objection in deploying the physically fit drivers from the list of 975 convoy drivers. For the purpose of testing physical fitness and bona fide of drivers, a Committee, consisting of Civil Surgeoncum Chief Medical Officer and District Transport Officer, East Singhbhum District, has already been constituted. No other Committee is required for certifying the physical fitness and identity of the drivers. 5. After hearing the parties, I find that the parties are not at variance for deployment of physically and mentally fit drivers from the final list of 975 convoy drivers. So far as the constitution of Committee for verifying fitness of drivers is concerned, there is already a Committee, consisting of Civil Surgeoncum Chief Medical Officer and District Transport Officer, East Singhbhum District. No other Committee, as such, is required for certifying or verifying the fitness and bona fide of the drivers. 6. Considering the above, this interlocutory application is disposed of, allowing the petitioner to engage physically and mentally fit drivers from the final list of 975 convoy drivers for driving the vehicles of the Company to different destinations. No other Committee, as such, is required for certifying or verifying the fitness and bona fide of the drivers. 6. Considering the above, this interlocutory application is disposed of, allowing the petitioner to engage physically and mentally fit drivers from the final list of 975 convoy drivers for driving the vehicles of the Company to different destinations. For that purpose, the petitioner Company shall accept the certificate of fitness issued to the drivers by the Committee, consisting of the Civil Surgeoncum Chief Medical Officer and District Transport Officer, East Singhbhum District.