The petitioner sought a writ directing the State to regulate private two-wheelers used for food delivery as commercial vehicles. The bench held the issue involves legislative policy, employment conditions, and is non-maintainable in a writ.
Writ petition dismissed; CM application disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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SHIVAM NAYAK ..... Petitioner Through: Mr. Nimish Chib with Ms. Divya Chugh, Advs.
versus
STATE OF NCT OF DELHI AND ORS. ..... Respondents Through: Mr. Satyakam, ASC, GNCTD for R-1 to 3.
CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V. KAMESWAR RAO
O R D E R % 10.01.2019
CM APPL. 53149/2018 (exemption)
Allowed, subject to just exceptions.
W.P.(C) 13637/2018 & CM APPL. 53148/2018
W.P.(C) 13637/2018 Page 1 of 3
wheelers, particularly, bikes which are registered as private vehicles are being used. This, according to the petitioners, is in flagrant violation of the Motor Vehicles Act and the Rules framed. It is stated that the vehicles which are registered as private vehicles are being used for commercial purpose and no action is being taken.
W.P.(C) 13637/2018 Page 2 of 3
issues, in our considered view, cannot be looked into at the instance of the petitioners in this Public Interest Litigation. In case the delivery boys/persons have any grievance with regard to their exploitation or service conditions, it is for them to object to the same and take such steps as are permissible in law for ventilating their grievance. At the instance of the petitioner in the garb of the relief as prayed for, we are not inclined to interfere into the matter.
CHIEF JUSTICE
V. KAMESWAR RAO, J
JANUARY 10, 2019 kks
W.P.(C) 13637/2018 Page
3 of 3
2 issues framed by the court
Whether the High Court can direct the State to formulate rules to classify private vehicles used as delivery vehicles as commercial vehicles applicable for food delivery services.
Whether the Court can interfere with policy decisions regarding the employment terms and conditions of gig delivery workers.
SHIVAM NAYAK
STATE OF NCT OF DELHI AND ORS.
V. KAMESWAR RAO
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
