GIG ECONOMY LITIGATION DATABASE
Commercial Drivers Welfare Association v Union of India (2017)
Citation/case number: WP(C) 3933/2017
Country: India
Year: 2017
Court: High Court of Delhi
Status: Withdrawn
Topic/theme: Employment relationship
Issue: Working conditions; benefits (wages)
Claimant type: Trade union
Respondent type: Government/corporation
Legislation considered: Constitution of India, art 226; Industrial Disputes Act 1947
Factual background and procedural history
The claimant filed a writ petition before the Delhi High Court in 2017 on behalf of a large number of its members working as drivers for Uber and Ola in India. The petition, which named both government entities and corporations including Uber and Ola as respondents, suggested that the drivers were being subjected to exploitation with respect to pay and working conditions, and were being denied their fundamental rights and benefits under fundamental labour laws as well as the Constitution of India. It requested that the court determine whether platforms like Uber and Ola were merely acting as online conduits for drivers to be connected with riders, or whether the drivers were in fact employees of the platforms and therefore entitled to various benefits and guarantees under labour laws. Laws referred to in the petition included the Workman's Compensation Act 1923, Payment of Wages Act 1936, Employees' State Insurance Act 1948, and the Employees Provident Funds Act 1952.
Key issue for determination
Were drivers working for Uber and Ola classified as "employees" so as to be entitled to benefits under various labour laws?
Finding
Prior to the petition coming before the court, the claimant withdrew it, instead deciding to approach the government through social dialogue efforts pursuant to the Industrial Disputes Act 1947.
Outcome
Petition withdrawn prior to determination.
Link to judgment
Not available
Other relevant publications
