After Madras High Court Nudge, Trade Unions Decide To Defer Bus Strike; Court Says Welfare Of People Supreme Law

The bench of Chief Justice SV Gangapurwala and Justice Bharatha Chakravarthy invoked the principle of Salus Populi Suprema Lex and observed that welfare of people was to be given utmost importance. Considering the immense hardship that the general public will have to face in the absence of an essential service like Transport, especially during Pongal, which was the largest festival in the State, the court expected the trade unions to rise to the occasion and call off the strike at least till the next conciliation proceedings.

“The workers/employees may have a right to go on strike as per the provisions of the Industrial Disputes Act. The legality of the said strike certainly would be decided at the appropriate time. However, it is also a matter of fact that the transport service is the essential public utility service. At the time the people of the State are celebrating one of the biggest festivals, the citizens of the State would be held to ransom and the movement of the society would come to a standstill. The same ought not to be the approach of respondents 11 to 14,” the court observed.

During the hearing, the trade unions informed the court that they were willing to discuss all the other demand after the Pongal festival. However, they added that at present, through the strike, they were calling upon the state to make payments to the Dearness Allowance (DA) of the pensioners which has been pending since 2014. The court was informed that even though court orders were asking the state to make payments, the state has still not made any payments.

The Additional Advocate General, on the other hand, informed the court that the Supreme Court was seized of the matter and the issue regarding payment of DA was to be finally decided by the Apex Court on 6^th February 2024. Adding that the State was not shying away from its responsibility, the AAG added that there were some financial exigencies and since the balance of convenience was in the interest of the general public, the strike ought to be called illegal.

When the court asked the State if it was willing to pay adhoc DA of Rs.2000 each to the retired pensioners which could then be adjusted if the State succeeds, the AAG did not agree to the same. Calling the state's stand not just stubborn but also adamant, the court said that the stand of both parties did not appear to be reasonable for the benefit of the people at large.

Thus, considering the hardship of the people, the court asked the Trade unions to rise to the occasion and call off the strike for the time being. The court added that the State would be within its right to take all possible legitimate steps if any illegal activities were resorted to by the employees.

The court also directed the members of the trade union to report to duty by Thursday and asked the authorities to allow them to report for duties. The court also asked the parties to appear for the conciliation proceedings which was fixed on January 19, 2024.

Counsel for the Petitioner: Mr.P.R.Raman Senior Counsel for Mr.P.Magesh Nandhu

Counsel for the Respondents: Mr. J. Ravindran Addl. Advocate General, assisted by P.Muthukumar, State Government Pleader, Mr.LSM.Hazan Fizal, Mr.Gauthamaraj, Mr.K.Raja, Mr.M.Ashwin, Mr.Vijay Narayan Senior Counsel for Mr.E.Balamurugan, Mr.Balan Haridas for Mr.V.Ajay Khose

Citation: 2024 LiveLaw (Mad) 14

Case Title: S Paul Kithiyon v The Additional Chief Secretary and Others

Case No: WP No.858 of 2024