Madras HC dismisses plea against operation of buses sans conductors

The Madras High Court today dismissed a petition challenging the Tamil Nadu government's move to operate point-to-point buses without conductors, saying there was no serious infirmity in the policy decision warranting its interference.

Justice S M Subramaniam dismissed the petition filed by the State Transport Employees Federation affiliated to CITU which had sought a direction to the transport department to run the buses with a conductor in order to ensure safe operation of the services.

The petitioner had cited mandatory provisions of the Motor Vehicles Act, 1988, read with Rule 227 of the Tamil Nadu Motor Vehicles Rules, 1989 in support of its plea.

The judge, who elaborately discussed about sections 124 and 178 of Motor Vehicles Act in his order, said there was no specific bar against the authorities from appointment of a driver-cum-conductor.

He also said Rule 227 of Tamil Nadu Motor Vehicles Rules which stipulates that no stage carriage shall be used in a public place unless it carries in addition to the driver a conductor cannot be construed as a total prohibition.

More over, section 124 of the Motor Vehicles Act clearly says that a passenger shall pay the fare to the conductor or driver who performs the functions of a conductor and obtain a ticket for the journey, he said.

When the benefits of such point-to-point services were for the welfare of the public at large, it should be considered as of paramount importance.

The judge also said the petitioner-union can seek adjudication of disputes in the event of any alteration or modifications in the service conditions of the conductors.

The respondent transport corporations had assured they were not going to retrench any conductor and there was no proposal to modify their existing service conditions.