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Showing contexts for: Ticket checking in Gurusharansingh Brijbhusansingh vs Manager, Rewa Transport Services And ... on 5 April, 1967Matching Fragments
(2) 'subsidiary work' means work in connection with a transport vehicle, its passengers or its load which is done outside the running time of the transport vehicle including in particular-
(i) work in connection with accounts, the paying in of cash, the signing of registers, the handing in of service sheets, the checking of tickets and other similar work
(ii) the taking over and garaging the transport vehicle:
(iii) travelling from the place where a person signs on to the place where he takes over the transport vehicle and from the place where he leaves the transport vehicle to the place where he signs off:
7. It is not a work in connection with the transport vehicle, its passengers or its load which is done outside the running time of the transport vehicle The work of keeping the cash thus does not come within the main part of Clause (2) of the Explanation under Section 2(f) of the Motor Transport Workers Act. Mere keeping of the cash with oneself cannot also be said to be work done in connection with accounts, the paying in of cash, the signing of registers, the handing in of service sheets, the checking of tickets and other similar work. The petitioner's case is that there was no arrangement at the terminals to hand over charge. It is thus clear that he was not required to do any work at the terminals with respect to any of the matters enumerated above. Thus, Sub-clause (i) of Clause (2) of the Explanation is not attracted. Sub-clauses (ii) and (iii) are also not attracted, as there was no question of taking over and garaging the transport vehicle and travelling from the place where one reports to duty to the place where the vehicle is stationed. In any case this will not account for more than 15 minutes at the terminals or at the headquarters at Rewa. The petitioner's case is also not covered by the other sub-clauses under Clause (2) underneath the Explanation. It is thus clear that it cannot be said that the petitioner has put in any 'hours of work' in excess of the number prescribed by Section 13 of the Motor Transport Workers Act. The essence of the definition is that the worker must be at the disposal of the employer or of any other person to claim his services during certain hours. The definition also emphasises the fact that the hours spent on duty have relation to the running time of the transport vehicle. From the mere fact that at the terminal the petitioner remained in charge of the cash of his master, it cannot be inferred that the petitioner remained at the disposal of the employer and was not free to utilize the time during which the stage carriage halted at the terminal in any manner he liked. This is the reason why the petitioner tried to introduce at the evidence stage a further ground that he was also required to guard the stage carriage during the halt. For the abovesaid reasons, we are of the view that the petitioner failed to establish that he had worked in excess of the 'hours of work' fixed under the Motor Transport Workers Act and the petition is liable to be dismissed.