Striking MSRTC employees can resume duty by April 22 without fear of administrative action: HC

“We will reinstate all at the same time and we will substitute it with our order, ” the bench said.

After MSRTC’s counsel said the same should not be considered as a precedent, the HC said it is only in the special situation that it will be passing such an order.

The High Court said it would allow employees to rejoin with a warning that their actions cannot be repeated and if so, MSRTC will be free to take action against them.

The bench further said it would pass an appropriate order on MSRTC’s stand, and directed the corporation not to take any coercive action against any of its employees till April 22.

“When there is a fight between a lion and a lamb, the lamb has to be protected,” the bench orally remarked, while responding to grievances raised by advocate Gunaratan Sadavarte representing the employees.

The High Court said it would apply its mind and pass an order in tune with constitutional principles.

Moreover, it said its order would consider the issues of gratuity, Provident Fund, pension and salaries of the MSRTC employees.

Nearly 90,000 employees of the MSRTC, one of the largest inter-city bus systems in the country, have been on strike since October last year.

A division bench of Chief Justice Dipankar Datta and Justice Makarand S Karnik was hearing a contempt plea filed in a writ petition moved by the MSRTC against the employee trade union and others, seeking direction to all staffers to refrain from participating in strikes or stopping work.

On Wednesday, urging the MSRTC to take a lenient approach towards its striking employees, the High Court had told the corporation to give the staffers, who have been penalised, including being terminated from service, “one more chance”.

The MSRTC had told the High Court on Tuesday that it was willing to withdraw the contempt petition filed against the striking employees, as despite action being taken against them, their protest continues.

The High Court had noted that the state cabinet has accepted the report of the HC-appointed committee, set up to look into the demands of the employees. It accepted all demands except MSRTC’s merger with the state government, and treating its employees as government employees. The state told the High Court it would provide financial aid to MSRTC for the next four years to pay salaries and address its financial problems, following which a review would be conducted on whether to continue the aid.

The HC had added that once this decision has been given, if the employees are aggrieved, they have to pursue legal remedies.

Senior Advocate Aspi Chinoy, representing MSRTC, said it would not have a problem reviewing the decision, but that employees should come back and resume services. However, the only caveat is if someone is removed for violence or has injured people or damaged property, then there might be some issues and the proceedings under the FIR can continue despite the employee being taken back into the service.

“You (MSRTC) are a model employer. During testing times of Covid, people may not have acted according to their senses… Give them one chance. If the employee repeats his conduct, you may take action… because after all, you will have to appreciate that when all this was happening it was not normal. Do not terminate their services. Do not take away their livelihood,” the bench had said.

The detailed order will be passed and made available in due course.