Tamil Nadu bus strike: Report to work immediately, says Madras High Court
Chennai: Ordering that the striking workers of state transport corporation should immediately report for duty, the Madras high court on Friday said any worker refraining from attending to work and/or performing duty shall do so at his own risk of the consequences thereof including termination of their services and/or penalization for gross contempt of court.
Holding that recourse to lightning strikes and/or flash strikes without notice leads to the consequences of denying the citizens of their right to free movement and is clearly illegal and against public interest, the First Bench comprising Chief Justice Indira Banerjee and Justice Abdul Quddhose restrained the state transport corporation workers and especially the drivers and conductors, from taking recourse to strike.
Ordering notice to Central Trade Union (CITU) and All India Trade Union Congress (AITUC) on a PIL from Varaaki, the bench directed the petitioner to implead other Unions after serving notice on them and posted to January 8, further hearing of the case.
The bench said the transport corporation workers provide essential public utility services. There can be no doubt that all employees were entitled to legitimately agitate their grievances. However, strike calls on issues such as this to press nominal demands of about Rs 600 per month or so cannot be countenanced. The state was bound to protect the right of free movement of citizens. The rights were ensured by the State through a machinery of functionaries including the transport corporation workers. Moreover, innumerable office-goers, students and other service providers avail public transport to attend to their duties. Disruption of transport services would affect students, as also other forms of services, the bench added.
The bench said this petition has been filed by way of PIL seeking appropriate orders for restoration of public transport services, which have been disrupted by reason of a flash strike by transport corporation workers, pursuant to a call of by some workers’ Unions.
In the petition, it was stated that the CITU and AITUC as also 34 other unions were negotiating settlement of disputes with regard to wages and pension payable to the transport corporation employees of the state. In the petition, it was stated that the government has agreed to 2.44 per cent increase, whereas workers’ unions were demanding 2.57 per cent increase. The difference was only 0.13 per cent. However, without prior intimation or information, at about 6.30 p.m. on January 4, the transport corporation workers announced flash strike leaving thousands of commuters stranded. The drivers, it was alleged, parked their buses along roads in a haphazard manner affecting movement of other vehicles and causing traffic snarls. In some areas, passengers were forced to get off the buses midway. In some parts of the city, passengers blocked the road protesting against the frequency of buses, which also obstructed traffic, the bench added.
The bench said advocate general submitted that wage settlement talks were going on and 11 to 12 sitting have been held. A settlement has also been signed by 32 Unions on January 4. However, 14 Unions refused to sign the settlement. The settlement talks also finalized increase of the scale of pay from Rs 6,900 to Rs 17,700 for new entrants as drivers by merger of grade and similarly for all other categories using a specified factor. For employees who entered service after 2013 and up to 2016, it was decided to give a special increment of 3 per cent. This would benefit 32,000 employees. The average expenditure to the government would be Rs 24 crore per annum. It was stated that this has been the highest increase compared to previous settlements, the bench added.
