Ruling on April 17, 2017
Authority: High Court of Delhi at New Delhi
Parties: Delhi Commercial Driver Union / Union of India & Others
Subject: A strike by Uber and Ola drivers in order to attain the same rights as a "workman"
Summary of facts: The unions of Ola and Uber drivers claim that the drivers are entitled to basic labour proctection since they should be classified as workmen. In the summary proceedings, the court found that the companies in questions as well as the unions need to enter into mediation. Furthermore, the court ordered that the drivers unions are prohibited to block taxi’s of Ola and Uber and to sustain from removing equipment from their vehicles. In addition, no further protests can take place within 400 meters of the offices of Ola and Uber.
The petition states that all drivers are ‘workmen’ and therefore fall in the category of employees. Furthermore, the Unions allege that Uber/Ola alter the salary and service conditions of the drivers and to their detriment. This is done in violation of the Industrial Disputes Act. The drivers lack any control or say in the tariffs, the routes and are unable to refuse rides. Also, drivers need to pass an extensive verification process and cannot use vehicles that are in use for more than 10 years. The Unions demand that a commission be appointed that will focus on the development obligatory of rules and guidelines until laws are put in place.
Legal question: Can Uber-drivers be calssified as "workman" within the scope of the Industrial Disputes Act, and if true, does this mean the regulation is applicable in the relationship between the drivers and Uber/Ola?
Ruling: The petition was withdrawn.