Disposing the contempt plea filed in a writ petition moved by the Maharashtra State Road Transport Corporation (MSRTC) against its striking employees, the Bombay High Court has directed the corporation to drop charges against the staffers and reinstate those who were terminated if they resume work by April 22. The court order, passed on Thursday, was made available on Friday. Nearly 90,000 employees of the MSRTC have been on strike since last October, seeking merger with the state government. Maintaining that while it has not considered the challenge to the recommendations of the three-member committee – set up to study the demands of the staffers – which accepted all demands except the one where the workers wanted to be treated as government employees, the HC said the staffers can approach the appropriate forum to challenge the recommendations. As the bench asked the striking employees to report for work on or before April 22, it asked MSRTC not to take any disciplinary action against those who return to work on time. Already initiated actions against such employees shall also stand withdrawn. “The frailties, from which humans suffer, gave rise to differences and disputes erupting into a situation, which tended to go out of control,” a division bench of Chief Justice Dipankar Datta and Justice Makarand S Karnik said in its order. The HC added the employees, who were transferred during the strike, shall be allowed to join at the place of their earlier posting if they join work by April 22. Further, it HC allowed casual/temporary employees to join duty. The court also asked MSRTC to decide within four weeks appeals filed by those who have been dismissed from service. Such employees could be warned but have to be reinstated, it added. Moreover, those who have not filed appeals, may do so within three weeks. If no appeal is filed by then, termination shall have full effect, the court said. Also, those who report for duty will not be entitled to wages for months when they were on strike. The MSRTC told HC that it will pay special incentive allowance of Rs 300 per day for March 23 to December 31, 2020, to those employees who have worked during the pandemic and that arrears will be paid within eight weeks. The HC said it is expected that employer's share of contribution towards provident fund dues deposited shall be paid to retired employees without delay. It added that the applications made for ex-gratia compensation in Covid-19 death cases be decided possibly within four weeks. “We hope and trust that criminal prosecution launched against the employees shall not be pursued further by MSRTC,” the bench said, adding that any failure on part of the employees to abide by its directions would expose them to action to be taken by MSRTC as per law.
