A welfare society sought directions to KSRTC to pay uniform and washing allowance under the Motor Transport Workers Act 1961 from 2015-16 onwards. The court confined itself to the limited prayer and directed the respondent to decide the pending representations within three months.
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WPC 21057/23
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946
WP(C) NO. 21057OF 2023
PETITIONER/S:
SHAJAN P, AGED 48 YEARS SECRETARY, FORUM FOR JUSTICE
(FFJ) (KSRTC EMPLOYEES AND FAMILY WELFARE SOCIETY)
REG.NO. TVM/TC/252/2019, ABHILASHNIVAS, TC 48/321,
MITHRA NAGAR, POONTHURA POST, THIRUVANANTHAPURAM, PIN -
695026
BY ADVS. I.DINESH MENON ANIL KUMAR M.SIVARAMAN
LAKSHMISREE P.S.(K/003660/2023)
RESPONDENT/S:
CHAIRMAN AND MANAGING DIRECTOR KERALA STATE ROAD
TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT P.O.,
THIRUVANANTHAPURAM, PIN - 695023
BY ADV SHRI.DEEPU THANKAN, SC, KSRTC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 06.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WPC 21057/23
JUDGMENT
(Dated this the 6th day of June 2024)
The petitioner has approached this court with the
following prayers:
(FFJ) KSRTC Employees and Family Welfare Society. As per
section 10 of the Motor Transport Workers Act 1961, the
employees of the KSRTC are to be provided with uniform and
are entitled for allowance.
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WPC 21057/23
Section 10 of the Act reads as follows:
“10. Uniforms- (1) The State Government may, by notification in the Official Gazette, make rulesrequiring an employer of a motor transport undertaking to provide for the drivers, conductors and linechecking staff employed in that undertaking such number and type of uniforms, raincoats or other likeamenities for their protection from rain or cold as may be specified in the rules.
(2) There shall be paid to the drivers, conductors and line checking staff by the employer an allowance for washing of uniforms provided under sub-section (1) at such rates as may be prescribed;
Provided that no such allowance shall be payable by an employer who has made at his own cost adequate arrangements for the washing of uniforms.”
bound to provide uniform and also allowance for the
maintenance of the same. The request under the Right to Information Act seeking details of allowance granted by the respondent, was answered by Ext.P6, in which it is stated that
the uniform allowance was lastly granted during the year 2015-
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WPC 21057/23
non-payment of uniform allowance, they have to spend money
from their pockets to maintain the uniform. Therefore, the
society has preferred Ext.Nos.P7 and P8 representations before the respondent for payment of the uniform allowance. The counsel for the petitioner submits that Ext.Nos.P7 and P8 may be directed to dispose of within a time limit.
counsel for the respondent.
Sd/- BASANT BALAJI, JUDGE
dl/
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WPC 21057/23
APPENDIX OF WP(C) 21057/2023
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WP(C) NO. 2918/2023 DATED 22.06.2023Exhibit P2 TRUE COPY OF THE CERTIFICATION OF REGISTRATION VIDE REG.NO. TVM/TC/252/2019 DATED 12.03.2019Exhibit TRUE COPY OF THE MEMORANDUM OF ASSOCIATION OF FORUM P2(a) FOR JUSTICE (FFJ) KSRTC EMPLOYEES & FAMILY WELFARE SOCIETY VIDE REG.NO. TVM/TC/252/2019 DATED 23.01.2019Exhibit P3 TRUE COPY OF THE RELEVANT PAGES OF THE MOTOR TRANSPORT WORKERS ACT, 1961Exhibit P4 TRUE COPY OF THE CIRCULAR MEMORANDUM DATED 27.05.2022 NO. 2114/GL8(LR)/2022/RTCExhibit P5 TRUE COPY OF THE REQUEST SEEKING INFORMATION UNDER RTI ACT 2005 DATED 24.02.2022Exhibit P6 TRUE COPY OF THE REPLY GIVEN TO THE REQUEST UNDER RTI ACT, 2005 DATED 22.03.2022Exhibit P7 TRUE COPY OF THE REQUEST PREFERRED TO THE RESPONDENT DATED 01.06.2022 ALONG WITH RELEVANT PAGES OF MOTOR TRANSPORT WORKERS ACT.Exhibit P8 A TRUE COPY OF THE REPRESENTATION PREFERRED TO THE RESPONDENT DATED 22.12.2022RESPONDENT EXHIBITS
EXHIBIT R- A true copy of the letter of the Corporation to the 1(a) Transport Commissioner dated 24/12/20221 issue framed by the court
Whether the respondent KSRTC should be directed to consider and pass orders on the representations Ext.P7 and P8 seeking payment of uniform and washing allowance to its employees.
1 provisions across 1 enactments
Shajan P
Chairman and Managing Director, Kerala State Road Transport Corporation
Basant Balaji
As recorded by the court registry
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