Illegal Strike: Karnataka High Court Disposes Off Recovery Proceedings Against Transport Corporation Employees In View Of State Action

A division bench of Acting Chief Justice Satish Chandra Sharma and Justice Sachin Shankar Magadum while disposing of the petition filed by Samarpana (Cultural & Social Service Organisation) took note of the action already taken by the respondents in this regard.

The BMTC informed the court that following the illegal strike, it had terminated 359 trainee employees, 230 employees on probation were discharged, 27 employees prematurely retired, and 76 employees were dismissed. Action was taken against as many as 1292 employees. A total of 2494 employees were suspended, who participated in the strike during the period 11-12-2020 to 14-12-2020.

Further, the Court noted that "Suspension of 2421 employees was revoked.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 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, claim has been made."

The Karnataka State Road Transport Corporation also informed that 152 employees were suspended out of which 11 employee's suspension has been revoked, cases have been registered against 136 employees by lodging FIR under various sections of the IPC. It has transferred 839 employees initially and recalled 511 employees.

The state government also filed a progress report in which it stated that a total of nine criminal cases were filed and investigation is still going on. The Government Advocate submitted that some time may be granted to complete the investigation and take appropriate action under the law.

Following which the court observed, "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 off."

Advocate GR Mohan, appearing for the petitioner, submitted that there was a flash strike by the Employees of both BMTC, KSRTC, NEKSRTC, NWKSRTC from 11-12-2020 to 14-12-2020, which caused great hardship to the public in the State of Karnataka. Further, several buses were damaged and based on the complaints, several FIRs were registered against unknown persons.

Case Title: Samarpana (Cultural And Social Service Organisation) And State Of Karnataka

Case No: WP 3755/2021