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1985 Supreme(SC) 278

R.S.PATHAK, SABYASACHI MUKHARJEE, V.D.TULZAPURKAR
Man Singh – Appellant
Versus
State Of Punjab – Respondent


Advocates:
NAUNIT LAL, S.K.Bagga, S.M.Ashri, V.M.TARKUNDE

Judgment

R. S. PATHAK, J. :- The petitioners in these writ petitions ply cycle rickshaws in Amritsar which they hire for the day from the owners of those vehicles. Most of the petitioners belong to other districts, of Punjab and also come from the neighbouring States of Jammu and Kashmir,. Himachal Pradesh and Uttar Pradesh. They carry on that activity for about eight months in the year and then return to the regions to which they belong. They observe this practice year after year. For the hire of cycle rickshaws they pay the owners a certain sum for the day, retaining .the balance of the days income to themselves. It is alleged by the petitioners that they are not in a position to purchase any cycle rickshaws and that unless they hire the vehicles they cannot carry on that activity.

2. Over the years there has been considerable agitation in. the State of Punjab against the practice of the owners of cycle rickshaws hiring people of the poorest stratum in society to ply the, cycle rickshaws for public passenger traffic and to charge them for each days use of the vehicles. It is said that oppressed by their poverty the petitioners and those similarly placed are obliged to enter into th













































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