Ola, Uber to answer whether drivers can be considered employees – Delhi HC [Read Petition]

The Delhi High Court yesterday sought a response from cab aggregators Uber and Ola on whether their drivers would fall under the category of employees/workmen so as to be eligible for receiving benefits under labour laws. The Court also issued notice to the Centre and the Delhi Government.

. The notice was issued by Justice Sanjeev Sachdeva in a writ petition filed by the Delhi Commercial Driver Union before seeking directions by the court to the respondents on the following:

. Constituting a committee to look into the complaints of the drivers regarding work and pay conditions Constituting a Committee to monitor and implement various labour laws Ensuring payment of compensation to the drivers who are victims of road accidents during the course of their employment . The Union claims to represent over one lakh drivers operating in the National Capital Territory. The petition enumerated various grievances of the drivers which include:

. Arbitrary deductions in payments on vague and unsubstantiated grounds. No freedom to cancel bookings. No indemnity scheme for the driver in case the booking is obtained by fraud. Changes in fares on a daily basis without prior notice. Lack of grievance redressal mechanism. . The petition states that the drivers fall under the definition of ‘workman’ under Section 2(s) of the Industrial Disputes Act, as an employee-employer relationship exists between them and the companies. The constantly changing service conditions of the drivers is also one of the grounds in the petition.

. Advocates for the petitioner Akash Vajpai and Shoumendu Mukherji also submitted that this issue has gained relevance especially in light of recent foreign judgments in the US and UK which held such drivers to be employees of Uber. They also stated that protests against the policies of such companies are being held not just in India but also worldwide.

. The Central Government stated that a Bill amending the Motor Vehicles Act for regulation of cab aggregators like Ola and Uber has been passed by the Lok Sabha. The Delhi Government, on the other hand, stated that no representation has been made to it by the drivers highlighting their grievances.

. The matter will be next heard on August 10.

. In February this year, the drivers of Ola and Uber had staged protests at Jantar Mantar against suspension of incentives by the cab companies.

Ola, Uber to answer whether drivers can be considered employees – Delhi HC [Read Petition]

Ashutosh Gambhir

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