Illegal Strike Law Insider

Snehal Upadhyay-

Published on: September 15, 2021 at 12:51 IST

The Karnataka High Court quashed a petition which claimed to recover the revenue loss from Unions and Employees of the Bangalore Metropolitan Transport Corporation (BMTC) and Karnataka State Road Transport Corporation (KSRTC) as these transport corporations went on an illegal strike in December 2020.

The Division Bench comprising Acting Chief Justice Satish Chandra Sharma and Justice Sachin Shankar Magadum while quashing the petition stated that the action has already been initiated by the respondents in this regard.

Advocate GR Mohan representing the petitioner contended that the strike was carried out by the employees of both BMTC, KSRTC from 11-12-2020 to 14-12-2020 causeing great suffering to the public. Many buses were destroyed and many First Information Reports were also lodged against unknown persons.

BMTC notified the Court that in the alleged illegal strike it had already taken action who participated in it.

BMTC terminated around 359 trainee employees, 230 employees on probation were discharged, and 27 employees prematurely made retired, and 76 employees were dismissed. The action was taken against around 1292 of its employees. A total of 2494 employees were given the order of suspension.

The Court noted that “Suspension of 2421 employees was revoked. However, 73 are still under suspension, FIR is also registered and the corporation has filed a civil suit, claiming a sum of 2,65,00,000, towards salary payable to staff during the illegal strike and also for a sum of Rs 1,34,510, towards damages of 23 buses of the corporation in all a plaint has been made to 2,66,34,510, a claim has been made.”

Moreover, the State Government has also submitted a progress report in which the Government has mentioned nine criminal cases which were registered and on which investigation is still progressing.

The Court further observed that “In the concerned opinion of this court, keeping in view the reply filed by the respondents, this court is of the opinion that the respondents have certainly taken action against the employees who went on alleged illegal strike by dismissing them, by filing suit for recovery of damages caused to the corporation and also by registering criminal cases. No further orders are required and the same stands disposed of.”

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