The vibrant city of Mumbai or rather the city that never sleeps was recently breathing under its breath as an imminent bus strike entered an unknown timeline threatened by a group of private bus operators.
This possible mayhem, which was expected to commence on July 1 was one that had millions of commuters in the city scared stiff especially parents who are dependent on school buses.
Although the strike has been pulled off and the immediate crisis averted after a decisive meeting with the Maharashtra government, the incident throws light on the issues in the way the private transport sector fare and, more importantly, the way the labyrinthine nature of labour laws in the critical industry operates.
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The History of Grievance: E-Challans and More
The impetus for the suggested strike could be attributed to a series of accumulated complaints, voiced by different associations of private transport with Mumbai Bus Malak Sanghatana (MBMS) being one of them.
The leading outcry among them was over the unfair application of e-challans, an online mechanism encouraging payment of fines for traffic offences Operators held the view that these e-challans were erroneously raised most of the time and were accompanied by much financial and operational wastage.
They brought up cases of unverified challans and harassment, and said that the system was being abused and asked them to waive all the penalties already applied.
Besides the e-challan controversy, the operators had other important issues that made them dissatisfied. These were requesting to be exempted from the mandatory rule of hiring helpers for heavy vehicles; a rule which, they opined, required unnecessary expenditure and an additional burden on hauliers.
Also, they were sensitized by the lack of ease of movement of their vehicles within metropolitan regions – which was one of the major sources of their disagreement on the issue of no-entry timings for their vehicles.
These issues, compounded by what operators felt was an unaddressed infrastructural gap, and the continued problems in various departments, all culminated when there was the decision that the system had reduced the airports to indefinite lockdown protest.
The Strike: A City on Edge: The Impact That Might Happen
The consequences of such a strike, being to disrupt the everyday life of Mumbai, would have been enough to cause a disaster. The majority of the routes in the urban transport system have mass transportation which is provided by BEST buses; the gaps that are susceptible in the city transport system however, are served by private operators.
A large share of this is used in school transport, business transportation of workers, tourist buses, and intrastate and long-distance operations. Such a sudden withdrawal of services would have left thousands of schoolchildren fending for themselves, rendered companies appear at the last moment to seek other means of transporting their workers, and inter-city travel to come to a grinding halt.
Already infamous gridlock traffic and the trouble of the monsoons annually had been the bane of the city and an added logistical nightmare would have created an unprecedented situation.
Labour Laws in the Private Transport Sector: A Complicated Road Map
This brings about an important question: whether labour laws can be applied to these privately developed buses and those employed in the buses similarly as they are applied to the large and organized sectors? The question, on its face, might be simple but it has two undertones.
Labour laws in India are widely framed to safeguard labourer rights, guarantee satisfactory remunerations, secure a healthy working environment and control industry relations. In the case of the Industrial Disputes Act, 1947, an example is given, which gives a framework to resolve industrial disputes such as strikes as well as lockouts.
Applicable as well are the Minimum Wages Act, the Payment of Wages Act and a whole lot of social security legislation such as the Employees’ Provident Funds and Miscellaneous Provisions Act and the Employees’ State Insurance Act.
These laws are mostly applicable to workers of bus operating companies which are privately owned. Those who drive, conduct and all other employees served by the said companies most often have minimum wages, overtime and other remunerations applicable under the law.
Collective bargaining is also granted to trade unions in case they are created. Nevertheless, the disaggregated structure of the private bus sector, where we find, often as not small businesses and owner-operators, may not assist with enforcement. Most of the workers within this industry may not be unionized and grievances may be more difficult to manage on a systematic basis.
And the strike as such is initiated by the operator (the owners of the buses), but at the same time, the labour force the drivers and the cleaners, who will stop, are also involved in the essence of the strike. Although the short-term needs were operational and regulatory in nature, the well-being of the staff and drivers cannot be defined outside of the financial feasibility and operational convenience of bus operations.
Problems such as a fine are directly affecting the income of drivers, whereas the working conditions were affected by regulatory requirements for the Helpers Rule. Thus, the resolution of the demands of the operators is indirectly affecting the working conditions and livelihoods of thousands of people who are working at this location which means they become part of the wider area of labour welfare interests.
Government and Future Perspectives
The fact that the government of Maharashtra immediately became concerned and – with the transport associations – reached an agreement to implement a new e-challan policy within one month and give relief till then, shows how such a strike gathers such a strong reaction from the people and economy.
The inauguration of a task force committee to clear the concerns of transport operators is another indication of the appreciation of the government for understanding the genuine complaints presented. In this case, such a precaution was able to prevent a significant crisis and avert massive disruption to the necessary services without much damage to the economy.
Nonetheless, the episode is a stark reminder of the importance of constant communication and a healthy system that pursues the interests of private transport operators. In addition to preventing strikes on short notice, it is required to conduct a systematic revision and update of regulations that may be outdated or establish excessive constraints.
Transparency and fairness in the e-challan system, better road infrastructure and facilitation of regulatory procedures are some of the key factors behind the long term efficiency and sustainability of this crucial sector. In addition, the event highlighted the need to make sure that the gains of any policy shift percolate to individual motorists and employees to enhance their working environments and economic stability.
Although the direct danger has already been reduced, questions about Fair Principles in the application of labour and the state of the entire private transportation system in Mumbai will remain the focus of all attention.
