The Orissa High Court has dismissed a writ petition filed by a Bhubaneswar-based CBSE-affiliated school challenging the Labour Department’s directive requiring its school transport service to register under the Motor Transport Workers Act, 1961.
The single-judge bench of Justice SK Panigrahi delivered the judgment on Thursday, reinforcing that fee-charging school buses qualify as a motor transport undertaking under the law.
Background of the Case
The school had sought to quash two notices issued by the Joint Labour Commissioner, Bhubaneswar, dated July 31 and August 21, 2025. The notices instructed the school to register its bus service and warned that legal action would follow if the order was not complied with.
According to the Divisional Labour Commissioner, the school charges transport fees from students, which places it within the statutory definition of a motor transport undertaking. The school operates 11 buses to transport students and staff.
Court’s Observation
Justice Panigrahi emphasized that the incidental nature of the transport service to the school’s primary educational purpose does not exempt it from compliance.
“The collection of transportation charges from students, irrespective of the quantum or profitability, constitutes carriage for hire or reward in the legal sense,” the court noted.
The ruling underscores that fee-charging school transport services must adhere to the Motor Transport Workers Act, ensuring regulatory compliance for the safety and welfare of transport workers.
