दिल्ली उच्च न्यायालय ने दिल्ली सरकार को निर्देश दिया है कि वह दिल्ली परिवहन निगम (Delhi Transport Corporation - DTC) के चालकों की हड़ताल के खिलाफ आवश्यक सेवा अनुरक्षण अधिनियम (Essential Services Maintenance Act - ESMA) लागू करने पर शीघ्र निर्णय ले ताकि सार्वजनिक बस सेवाएं सुचारू रूप से चल सकें।
NEW DELHI — In a major legal development affecting public transit in the National Capital Territory, the Delhi High Court has directed the Delhi Government to deliberate and decide on invoking the Essential Services Maintenance Act (ESMA) against striking bus drivers. The direction came during the hearing of a Public Interest Litigation (PIL) filed in response to widespread commuter distress caused by the ongoing wildcat labor action across the city’s public transportation network.
Judicial Intervention & Core Arguments
The Division Bench, comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia, presided over the matter titled Ami Sisodia vs Government of NCT of Delhi & Ors. The petition sought urgent judicial intervention to maintain and restore essential public bus services across Delhi, highlighting the systemic fallout on public life.
- Commuter Impact & Public Distress
The petitioner emphasized that the unexpected suspension of Delhi Transport Corporation (DTC) bus operations severely disrupted daily commutes for hundreds of thousands of residents. Key arguments presented before the court included:- Impact on Marginalized Groups: Economic reliance on public transit makes daily-wage workers, students, senior citizens, patients, and persons with disabilities particularly vulnerable to service outages.
- Financial Strain on Female Commuters: Under Delhi’s existing welfare framework, women are entitled to free bus travel. The sudden unavailability of DTC buses forced thousands to rely on significantly higher-priced private transport options.
- Network Overburdening: The unexpected reduction in bus fleet operations caused severe overcrowding and delays across the Delhi Metro network.
- Submissions by the Delhi Transport Corporation
Representing the DTC, Advocate Avneesh Ahlawat submitted key factual updates to the Division Bench regarding the operational status and the nature of the protest:- Unofficial Strike Logistics: The DTC maintained that no recognized driver union officially sanctioned the strike. Instead, the labor disruption was coordinated informally via messaging platforms, accompanied by isolated instances of vehicle vandalism.
- Restoration Progress: DTC counsel informed the Bench that emergency administrative measures enabled nearly 96% of the bus fleet to resume normal operations.
- ESMA File Submission: The corporation confirmed it had already processed and forwarded an official proposal to the Delhi Government recommending the formal invocation of ESMA to prohibit further unauthorized work stoppages.
The Ruling & Legal Implications
Upon considering the submissions from both parties, the High Court disposed of the PIL while leaving the door open for future judicial recourse if public transport operations deteriorate further.
"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 Bench ordered, emphasizing the duty of the state executive to maintain public order and essential utility access.
By directing the executive to make a formal determination on ESMA, the court highlighted the balance between labor demands and the state's responsibility to preserve vital public utilities. Under ESMA provisions, once a service is declared "essential," any strike action within that sector becomes illegal, exposing non-compliant personnel to potential legal sanctions, administrative penalties, or detention.
Summary of Key Facts
| Parameter | Case Details |
| Court | High Court of Delhi |
| Judicial Bench | Chief Justice Devendra Kumar Upadhyaya & Justice Tejas Karia |
| Case Title | Ami Sisodia vs Government of NCT of Delhi & Ors. |
| Primary Issue | Disruption of public bus transit due to unauthorized driver strikes |
| Key Relief Directed | Executive decision on invoking the Essential Services Maintenance Act (ESMA) |
| Operational Status | DTC reported ~96% fleet operational during court proceedings |
The Delhi Government is expected to review the DTC’s recommendations and announce an official executive policy regarding ESMA invocation shortly.
Description: NEW DELHI — The Delhi High Court has directed the Delhi Government to decide on invoking the Essential Services Maintenance Act (ESMA) following a public interest litigation regarding ongoing DTC bus driver strikes.
A Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia addressed the severe commute disruptions affecting daily-wage workers, students, and women dependent on free public transport. Representing the Delhi Transport Corporation, counsel stated that nearly 96% of buses have resumed operations and confirmed that a proposal to invoke ESMA has already been submitted to the government for review.
Disposing of the petition, the court mandated the state executive to act swiftly under the law to guarantee uninterrupted public transit.