Chhattisgarh High Court dismisses PIL seeking identification of all auto drivers

The Chhattisgarh High Court has dismissed a Public Interest Litigation (PIL) filed seeking direction to the respondents for identifying and registering all auto drivers under the Unorganized Worker’ Social Security Act, 2008.

The PIL filed by Chhattisgarh Auto Chalak Sangh also seeks following relief:-

• Issue a writ of mandamus directing the respondents to extend benefits under existing schemes to auto drivers, frame new schemes for auto drivers under the Unorganized Workers’ Social Security Act, 2008;
• Issue a writ of mandamus directing the respondents to frame a scheme granting fuel subsidy to all auto drivers;
• Issue a writ of mandamus directing the respondents to provide a monthly assistance relief package to all auto drivers;

The facts are that all forms of the public transport was prohibited during spread of Covid-19 in pursuance of order issued by Government of India, Ministry of Home Affairs under National Disaster Management Authority (NDMA) under Section 6(2)(i) of the Disaster Management Act, 2005. The ban on public transport was lifted from 27.05.2020.

Lakhan Singh Bhadoriya, Advocate for the petitioner submit that the Auto Rickshaw were purchased by members of the petitioner association through bank loan and during lockdown period, they suffered economic loss, but no financial assistance was provided by the State, whereas Auto Rickshaw drivers are covered under “Unorganised Workers’ Social Security Act, 2008”. He further submitted that the Government of NCT Delhi has provided one time financial assistance to Auto Rickshaw Owners, but the State Government of Chhattisgarh has failed to provide any kind of financial assistance to the members of the petitioner association.

On the other hand, Counsel for the State and Chhattisgarh State Legal Services Authority submitted that the members of petitioner association were not registered under Unorganised Workers’ Social Security Act, 2008, therefore, they are not entitled to get any benefit under this Act. They have further stated that as per the definition clause of this Act, particularly Section 2 (k), 2 (l) & 2 (m) of the Act, 2008, it is crystal clear that the if workers are not covered by any of the Acts mentioned in Schedule II to this Act would not entitle to get benefit under this Act. Section 2 (k), 2 (l) & 2 (m) of the Act, 2008 are reproduced herein below :-

“2. In this Act, unless the context otherwise requires:- (k) “self-employed worker” means any person who is not employed by an employer, but engages himself or herself in any occupation in the unorganised sector subject to a monthly earning of an amount as may be notified by the Central Government or the State Government from time to time or holds cultivable land subject to such ceiling as may be notified by the State Government.

(l) “unorganised sector” means an enterprise owned by individuals or self employed workers and engaged in the production or sale of goods or providing service of any kind whatsoever, and where the enterprise employs workers, the number of such workers is less than ten.

(m) “unorganised worker” means a home-based worker, self-employed worker or a wage worker in the unorganised sector and includes a worker in the organised sector who is not covered by any of the Acts mentioned in Schedule II to this Act.”

They further submit that the members of the petitioner association are Auto Rickshaw drivers and mostly are owners of the Auto Rickshaw and according to Section 2 (k), (l) & (m) of the Act, 2008, they are self-employed workers. It is also submitted that the contention raised by the petitioner that there is no beneficiary scheme for Auto drivers is misconceived and from Annexure R-5/5, it is very much evident that the registered Auto drivers were given benefit of Chhattisgarh Unorganised Workers State Social Security Board Scheme, in which 31 members were given cycles; 608 members were given E-Rickshaws; 14 members were given financial assistance on account of death and physical disability; 164 students/children of members of association have been given stipends; 10 members have been given maternity assistance and 12 members have been given funeral expenses under the scheme. It is further contended that the members who were registered have been provided financial assistance and the members who were not registered, are not covered under Chhattisgarh Unorganised Workers’ Social Security Rules, 2010.

The Division Bench of Chief Justice Ramesh Sinha and Justice Rakesh Mohan Pandey noted that the petitioner has not pleaded in this petition that all the members of petitioner association are registered under the Act, 2008 or the Rules, 2010. The contention of counsel for the petitioner to the effect that the Auto Rickshaw drivers/owners have not been identified and registered under the Act, 2008 is misconceived as Schedule 1 of Chhattisgarh Unorganised Workers State Social Security Board Scheme includes Auto Rickshaw drivers and under this scheme till 30.07.2021, total 1437636 persons have already been registered in the State of Chhattisgarh. Further the State Government has provided financial assistance to the Auto Rickshaw drivers and their family members and same is evident from Annexure R-5/5 where 31 members were given cycles; 608 members were given E-Rickshaws; 14 members were given financial assistance on account of death and physical disability; 164 students of members of association have been given stipends; 10 members have been given maternity benefits and 12 member have been given funeral expenses under this scheme , the Bench observed.

The Court has gone through the provisions of Section 2 (k), (l) & (m) of the Act, 2008 which defines self employed worker, unorganised sector and unorganised worker. The benefit under the Act, 2008 cannot be extended until or unless a person is registered under this Act. As the petitioner neither pleaded nor demonstrated that the members of the petitioner association are registered under the Act, 2008, therefore, they are not covered under the Act, 2008 and as such they are not entitled to get financial assistance from the State Government.

Further the Court noted that first two reliefs have already been extended by the State Government and the same is evident from the Schedule 1 of Chhattisgarh Unorganised Workers State Social Security Board Scheme where the Rickshaw driver finds place at serial No. 7. 9. and as members of the petitioner are not registered under the Act, 2008 and the Rules, 2010, therefore, they are not entitled to get other relief(s) as sought for.