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2022 Supreme(Bom) 1359
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Dipankar Datta, M. S. Karnik, JJ.
Maharashtra State Road Transport & Ors. - Appellants
Versus
Sangharsh St Kargar Sanghatan & Ors. - Respondents
Writ Petition ST. No. 21699 of 2021, Interim Application No. 906 of 2022 and Writ Petition ST. No. 21699 of 2021
Decided On : 07-04-2022
Mr. Aspi Chinoy, Sr. Adv A/W Mr. G. S. Hegde A/W Ms. Pinky M. Bhansali A/W Mr Manoj Shirsat, for the Appellant, Mr. Shailesh C. Naidu, Mr. P. P. Kakade, Mr. B.V. Samant, Agp, Mr Kartikeya Bahadur I/B Mr. Kaustubh R. Gidh, Mr Yogendra Pendse, for the Respondent.
The court's intervention in the labour dispute was based on humanitarian considerations, aiming to provide immediate relief to the employees and ensure a just and proper solution to the impasse.
Headnote:
Extraordinary Circumstances - Labour Dispute - Road Transport Corporation Act, 1950, Industrial Disputes Act, 1947 - The court addressed a labour dispute involving the Maharashtra State Road Transport Corporation (MSRTC) and its employees. The court intervened to find a just solution to the impasse caused by a strike and dismissed/suspended employees. The court constituted a committee to consider the demands of the workers, ultimately recommending that the State Government provide funds to MSRTC for employee salaries for at least four years. The court directed MSRTC to permit striking employees to return to work without disciplinary action, revoked transfers and terminations, and expedited the resolution of appeals and compensation claims. The court emphasized that its order was passed in consideration of the humanitarian aspects of the case and should not be treated as a precedent.
Fact of the Case:
The case involved a labour dispute between MSRTC and its employees, who demanded to be treated as government employees. The employees went on strike, leading to disciplinary actions by MSRTC and a prolonged impasse.
Finding of the Court:
The court intervened to find a just solution to the impasse, constituting a committee to consider the demands of the workers. The committee recommended that the State Government provide funds to MSRTC for employee salaries for at least four years. The court directed MSRTC to permit striking employees to return to work without disciplinary action, revoked transfers and terminations, and expedited the resolution of appeals and compensation claims.
Issues: Labour dispute, strike, disciplinary actions, employee demands, financial support from the State Government, humanitarian concerns
Ratio Decidendi: The court's decision was based on the humanitarian aspects of the case, aiming to provide immediate relief to the employees and ensure a just and proper solution to the impasse.
Final Decision: The writ petition was disposed of, with the court directing MSRTC to permit striking employees to return to work without disciplinary action, revoking transfers and terminations, and expediting the resolution of appeals and compensation claims. The court emphasized that its order was passed in consideration of the humanitarian aspects of the case and should not be treated as a precedent.
ORDER
1. It is often said that extraordinary circumstances call for extraordinary measures. This happens to be an extraordinary case presenting an extraordinary circumstance calling for an extraordinary measure at our end in exercise of our writ jurisdiction under Article 226 of the Constitution of India.
2. Apart from other deleterious effects that the unprecedented pandemic brought about in the lives of our countrymen, surely the crises that unfolded had its effect on the working of the Maharashtra State Road Transport Corporation (hereafter "MSRTC", for short) and its employees as well. We need not for the present purpose delve deep to find out who between the two was at fault. Suffice it to note, during the testing times of the pandemic, humans may not have acted in the manner they would have acted if things were normal. The employees of MSRTC inter alia raised a demand that MSRTC be merged in the Government and they be treated as Government employees. The demand was not accepted. The frailties, from which humans suffer, gave rise to differences and disputes erupting into a situation which tended to go out of control. According to MSRTC, public property was damaged as a result of violence at the instance of its employees. The employees of MSRTC also threatened to resort to a strike. MSRTC felt that a strike by the employees would virtually paralyze the public transport system which MSRTC is statutorily obliged to provide. The competent labour tribunal was also moved, which declared the strike illegal on 29th October, 2021. This writ petition was finally instituted by MSRTC setting out circumstances, which we propose to notice a little later. At or about this time, disciplinary action followed resulting in dismissal/suspension of employees. This added fuel to fire. Employees numbering more than 120 (one hundred twenty), we are informed, took their lives not being able to bear what they felt reflected the inhuman and unreasonable face of MSRTC. With the employees not returning to work, the public transport system was hindered. Employees have still not returned to work. It is in such a volatile situation that we are tasked to endeavor to find out a just and proper solution to end the impasse.
3. The labour legislations are already in place to resolve any dispute between an employer and its employees. The one-off situation that has occurred in the present case necessitates us to attempt an approach for striking a balance to provide immediate succor to the employees and at the same time ensure that the activity of providing public transport services for the benefit of the common man, which is one of the statutory duties of MSRTC, is resumed at the earliest with full strength. The allegations and counter allegations levelled by MSRTC and its employees against each other are aplenty. Learned advocates Dr. Sadavarte and Mr. Pendse representing the employees are at pains to point out that as a result of the wholly unjustified attitude and approach of the MSRTC, the employees are suffering. They contend that as a result of this unreasonable approach, several employees are apprehending loss of livelihood and have even taken the extreme step of taking their lives. On the other hand, MSRTC says that the demands are unjustified and large number of employees being on strike, not only the public transport system is paralyzed but industrial peace and harmony are at peril.
4. As large number of employees are involved, as also keeping the larger public interest in mind, we had called upon the parties to deliberate with each other, for, an effective dialogue with due communication of each other's viewpoints is one of the better ways for arriving at an amicable resolution or at least help in resulting in some breakthrough to end the impasse.
5. One way of dealing with the present situation was to allow the request made by Mr. Aspi Chinoy, learned senior advocate appearing on behalf of MSRTC for withdrawal of the writ petition leaving the affected p
