Back
Asks Why ESMA Not Invoked Against Striking DTC Drivers
The on Wednesday directed the and the to explain why the has not been invoked against DTC bus drivers who have been on strike since , disrupting public transport services across the national capital. A comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia made the observation while hearing a filed by advocate and commuter , who sought urgent restoration of bus services. The court disposed of the petition after noting that nearly 96% of buses were back on the roads, but left the door open for the petitioner to return if the situation deteriorates.
Background: The Strike and Its Impact
The strike, initiated by DTC bus drivers, conductors, and other operational personnel, stems from demands for higher wages and improved benefits. The disruption began on and has since caused significant hardship to Delhi’s commuters, who rely heavily on the affordable public bus network. The PIL highlighted that the strike was affecting “lakhs of residents, students, daily-wage workers, salaried employees, senior citizens, persons with disabilities, patients and economically weaker commuters.” Women, who are entitled to free bus travel under ’s scheme, were particularly hard hit, forced to switch to expensive alternative modes of transport. The petition also noted increased pressure on the Delhi Metro, which saw a surge in ridership as commuters scrambled for alternatives.
The DTC, a government-owned corporation, operates one of the largest bus fleets in India, carrying millions of passengers daily. The strike thus posed a serious challenge to urban mobility and public welfare. Despite the partial restoration of services, the court expressed concern over the lack of legal action against the striking workers under ESMA, which prohibits strikes in essential services and provides for stringent penalties.
Court Proceedings: Questioning the Delay
During the hearing, the bench sought to know why the provisions of ESMA had not been invoked against the striking drivers. The DTC’s counsel, , informed the court that the corporation had already sent a file to the recommending the invocation of ESMA. She further stated that “steps have been taken by the DTC to address the situation and nearly 96% of the buses are now back in service.” The counsel also noted that there was no of DTC drivers, and that individuals were using WhatsApp messages to call for the strike and even vandalizing buses. “The persons involved are sending WhatsApp messages calling for the strike and vandalising the buses,” she added.
The bench, while acknowledging the improved situation, emphasized the need for a decisive legal response. “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,” the court ordered. The PIL was disposed of with the observation that if the situation does not improve within a week, the petitioner could approach the court again.
Legal Analysis: The Role of ESMA in Public Transport Disputes
The is a central legislation that empowers the government to prohibit strikes in industries deemed essential to the community, such as public transport, healthcare, and water supply. The Act provides for the arrest and detention of striking workers without a warrant, and makes participation in illegal strikes punishable with imprisonment. In Delhi, the state government has the authority to invoke ESMA against DTC employees, given that public bus services fall squarely within the definition of an .
The court’s query underscores the tension between the , which is not explicitly recognized as a in India but is often derived from (), and the state’s duty to ensure uninterrupted essential services. The DTC’s recommendation to invoke ESMA suggests that the corporation views the strike as illegal and disruptive, yet the has not acted on it. This delay may stem from political considerations or the desire to negotiate a settlement. However, the court’s intervention compels the government to make a formal decision, balancing the interests of workers and the public.
The absence of a complicates the situation further. Without a agent, individual drivers may be more susceptible to informal mobilization through social media, as noted by the DTC counsel. The use of WhatsApp to coordinate the strike raises questions about the applicability of ESMA in the digital age, where strikes can be organized without a formal leadership structure.
Impact on Legal Practice and Public Policy
For legal professionals, this case highlights the procedural interplay between public interest litigation and . The High Court’s willingness to dispose of the petition while retaining jurisdiction reflects a cautious approach—avoiding micromanagement while keeping the government accountable. The remark that the state should “review and take a decision as per law” reinforces the principle that courts will not substitute their judgment for executive action, but will ensure that the executive acts within its powers.
The matter also touches upon labour law and the limits of the in essential services. Lawyers handling similar disputes can draw on this case to argue that the invocation of ESMA is not automatic; it requires a considered decision by the government, which can be judicially reviewed for reasonableness. The fact that the DTC itself recommended ESMA invocation may strengthen the case for the government to act, but also exposes the corporation to potential criticism if it fails to protect workers’ rights.
Conclusion: A Watchful Eye on Essential Services
The ’s direction to the government to decide on ESMA sends a clear message that disruptions to essential public services will not be tolerated indefinitely. While the immediate crisis appears to have abated with 96% bus service restoration, the underlying wage dispute remains unresolved. The court’s order serves as a reminder that the state must balance the rights of workers with the needs of the millions who depend on public transport. As the legal community watches closely, the ’s response will set a precedent for handling future strikes in essential services across India.
