Press Reporter News Service
Chandigarh, December 23
The Punjab and Haryana Excessive Courtroom has made it clear that the drivers employed by the Transport Division of Haryana would within the abnormal course not be made to drive on day-to-day foundation past 10 hours, and 48 hours staggered over every week.
Weekly time can’t exceed 48 hours
Justice Monga asserted Part 13 of the Motor Transporters Employees Act made it abundantly clear that no driver was to drive at a stretch for greater than eight hours and couldn’t be made to drive greater than 48 hours in every week
The assertion by Justice Arun Monga got here on a petition by Pardeep towards the State of Haryana and different respondents. Justice Monga noticed the grievance of the petitioner, working as a driver within the Haryana Roadways, was towards an administrative order dated November 20, 2018.
Searching for its quashing, the petitioner contended that the impugned order was in violation of Part 13 of the Motor Transporters Employees Act “inasmuch because it authorised an employer to make a driver do an obligation on a steady stretch of 12 hours in a day as towards most 10 hours prescribed within the Act”. He was additionally aggrieved by the truth that the drivers within the Haryana Roadways have been being made to drive with out being supplied with relaxation after each 5 hours in accordance with Part 15 of the Act.
Justice Monga asserted Part 13 made it abundantly clear that no driver was to drive at a stretch for greater than eight hours and couldn’t be made to drive greater than 48 hours in every week.
Justice Monga added a driver could be entitled to take additional relaxation on lengthy stretches as acknowledged within the impugned order itself, aside from being given half an hour break after each 5 hours of driving.
Earlier than parting with the order, Justice Monga added it appeared the intent of order was to not deny the drivers the statutory rights, which have been in bigger basic public curiosity in order to keep away from mishaps. “On the identical time, the intent of impugned order appears to be to curb the pointless race amongst the drivers to take pleasure in working time beyond regulation in order to earn extra cash, however on the identical time defeat the very function of avoiding the accidents prompted as a consequence of fatigue,” Justice Monga added.