The Delhi High Court on Wednesday questioned the Delhi government and the Delhi Transport Corporation (DTC) about why the provisions of the Essential Services Maintenance Act (ESMA) have not been invoked against DTC drivers who have been on strike for the past several days [Ami Sisodia vs Government of NCT of Delhi & Ors].
A Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia made the remark while hearing a public interest litigation (PIL) petition raising concerns over the disruption caused by the protests.
Advocate Avneesh Ahlawat appeared for DTC and told the Bench that there is no union of the DTC drivers and that persons involved are sending WhatsApp messages calling for the strike and vandalising the buses.
She stated that steps have been taken by the DTC to address the situation and nearly 96% of the buses are now back in service.
Ahlawat stated that the DTC had sent a file to the Delhi government for invoking ESMA.
The Court then disposed of the PIL while asking the government to take a decision on invoking ESMA.
"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.
It added that if the situation does not improve, the petitioner can approach the High Court again.
Bus drivers, conductors and other personnel associated with the operation of public buses have been on strike since September 15 demanding an increase in their wages and other benefits.
The PIL is seeking directions for urgent restoration, maintenance and continuity of public bus transport services in Delhi.
The petitioner Ami Sisodia stated that due to the unavailability of free public transport provided for women, she has to resort to taking expensive alternate modes of transport to commute.
The plea said that the strike was impacting lakhs of residents, students, daily-wage workers, salaried employees, senior citizens, persons with disabilities, patients and economically weaker commuters who depend upon affordable public transportation.
Further, it was contended that the strike shifted the pressure of commuters on the Delhi Metro services.
The petition was filed through advocate Vikrant Dabas.