Khushi Gupta
Published on: April 9, 2022 at 13:10 IST
The present Petition came to be filed after Employees refused to return to work until their Demands were met.
Nearly 90,000 Employees of one of the largest inter-city bus systems in the Country have been on Strike since October 2021, demanding that Maharashtra State Road Transport Corporation (MSRTC) be merged in the Government and they be treated as Government Employees.
According to Maharashtra State Road Transport Corporation, public property was damaged as a result of Violence at the instance of its employees and they also threatened to resort to a strike.
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 Maharashtra State Road Transport Corporation, 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, Maharashtra State Road Transport Corporation 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.
The Supreme Court stated, “As new situations arise the law has to be evolved in Order to meet the challenge of such new situations. Law cannot afford to remain static. We have to evolve new principles and lay down new norms which would adequately deal with new problems which arise in a highly industrialised economy.”
A Bench of Chief Justice Dipankar Datta and Justice MS Karnik disposed of the Petition filed by the Maharashtra State Road Transport Corporation and passed certain directions:
- Employees on strike will be permitted to join duties on or before April 22, 2022.
- Casual temporary employees will be permitted to join their duties.
- Employees who have been dismissed from services: those who have filed Appeals, those Appeals have to be decided within 4 weeks. Those who have not filed Appeals, will file those Appeals in 3 weeks and those will be decided in subsequent 4 weeks.
- Those who join and report for duty will not be entitled to back wages.
- Criminal Prosecution launched against the employees will not be pursued by Maharashtra State Road Transport Corporation.
