High Court Addresses Essential Services Maintenance Act Concerns
The Delhi High Court recently posed a significant question to the Delhi government and the Delhi Transport Corporation (DTC) regarding the non-activation of the Essential Services Maintenance Act (ESMA) amidst the ongoing strike by DTC drivers. This inquiry arose during the hearing of a public interest litigation (PIL) case, identified as Ami Sisodia vs Government of NCT of Delhi & Ors.
The Division Bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia expressed their concern over the disruptions caused by the strike. The petition, which sought intervention, highlighted the substantial inconvenience faced by the public due to halted bus services.
Advocate Representation and Court Deliberations
Representing the Delhi Transport Corporation, Advocate Avneesh Ahlawat informed the court that the striking drivers are not part of any formal union. Instead, the strike has been organized through informal channels like WhatsApp messages, alongside instances of bus vandalism. Ahlawat assured the Bench that measures have been implemented to address these issues, asserting that approximately 96% of buses have resumed their operations.
Furthermore, Ahlawat noted that the DTC has already forwarded a proposal to the Delhi government to consider invoking ESMA. After reviewing these submissions, the court concluded the PIL, directing the government to evaluate the necessity of invoking ESMA to ensure the continued service of DTC buses.
The court remarked, “We expect the state will review and take a decision as per law to ensure that the plying of DTC buses is maintained on the roads.” It also provided an option for the petitioner to revisit the court if the situation did not show improvement.
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Background of the Strike and Public Impact
The strike, initiated on September 15, involves bus drivers, conductors, and associated personnel demanding better wages and benefits. The ongoing stoppage has significantly impacted various sections of the Delhi populace, including students, daily-wage workers, and senior citizens, who rely on affordable public transportation.
Petitioner Ami Sisodia highlighted the particular hardships faced by women, who previously benefited from free public transport. She pointed out the increased financial burden due to the necessity of using more expensive transport alternatives.
Additionally, the petition, filed by advocate Vikrant Dabas, argued that the strike has led to increased pressure on the Delhi Metro services, disrupting the overall public transport ecosystem. The plea emphasizes the urgent need for restoring and maintaining continuous public bus services in Delhi.
