'Lamb Has To Be Protected In Fight With Lion': Bombay High Court To Extend Deadline For MSRTC Employees To Resume Duty Till April 22

Update: 2022-04-07 09:42 GMT
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The Bombay High Court on Monday said that it will order protesting employees of the State Road Transport Corporation's (MSRTC) to resume work by April 22 without the fear of administrative action, while concluding hearing in a contempt petition filed by MSRTC against them for not resuming work. "When there is a fight between the lion and the lamb, the lamb has to be protected," the...

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The Bombay High Court on Monday said that it will order protesting employees of the State Road Transport Corporation's (MSRTC) to resume work by April 22 without the fear of administrative action, while concluding hearing in a contempt petition filed by MSRTC against them for not resuming work.

"When there is a fight between the lion and the lamb, the lamb has to be protected," the bench of Chief Justice Dipankar Datta and Justice GS Kulkarni observed.

The court said it would extend time till April 22 from April 15 for protesting employees to resume work.

On Tuesday, the court had asked MSRTC if it would be willing to allow all its employees to resume work irrespective of criminal cases filed against some of them, and view the situation "compassionately" as it was a question of their livelihood.

However, senior counsel Aspi Chinoy for MSRTC on Monday said it would not be possible to do so for those employees against whom FIRs were registered for resorting to violence.

"We will reinstate all at the same time. We will substitute it with our order," the High Court said, adding, that it would be done as a special case and this should not be used as a precedent.

The court said it would also add a rider that such behaviour should not be repeated in the future. The court said the order would be available in the evening.

Counsel for the employees said that there were a total of 124 suicides. The court said the the suicides were a matter of concern as it is a matter of their livelihood.

Chinoy said that the State had accepted all the recommendations made by a court appointed committee. According to the recommendations, considering certain provisions in law, it was not feasible to accept the demand of MSRTC employees and merge their employment with that of state employees.

These state government employees are entitled to pension.

Citation: 2022 LiveLaw (Bom) 122

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