Karnataka State Road Transport Employees League Withdraw Strike Call After HC Rap

Advocate N P Amruthesh appearing for the Union informed the court that "Observation made by this court we have respected and the union has withdrawn the strike. Believing in the judiciary and respect for this court." He added that "About 10,000 employees are suspended and 15,000 employees issued notices and more than 1,000 are dismissed. If by force they (authorities) are going to vacate the quarters of employees it is the most inhuman way. They are acting just like British people. They are creating fear in the mind of employees."

Advocate General Prabhuling K Navadgi filed a memo giving details about the steps taken after the strike was declared. He further said that "Four unions did not resort to strike. It was only the fifth union which is recently registered resorted to strike, when genuine employees wanted to come back to work, they (members of the union) indulged in arson and violence etc."

A division bench of Chief Justice Abhay Oka and Justice Suraj Govindaraj orally observed "We don't want a situation in this pandemic that the strike is again repeated. Everybody is hard pressed, consider whether orders passed by you (suspension orders) can be kept in abeyance. We are not saying cancel the orders of suspension, keep the orders in abeyance and let these employees work."

Counsel for the corporations informed the court that the suspended employees can appeal before the appellate authority and it can be considered there. She even clarified that many of the suspension orders of employees on probation were for reasons of indiscipline.

To which the court suggested the Union to make a common appeal before the appellate authority by tomorrow in regard to the suspension orders. It orally observed "We want to resolve this issue. This issue concerns the common man so we are dealing with it."

The court then suggested to the Advocate General to file a status report about the suspension orders and notices issued to employees. It will hold a special hearing on April 26.

A batch of petitions were filed recently bringing it to the notice of the court that almost 90 percent of the bus service in the state, of the four entities, KSRTC, NEKRTC BMTC, NWKRTC, have been pralaysed, due to the indefinite strike called by the union.

The bench had on the previous hearing observed that "We are not on the correctness or legitimacy of the demand put forth by the union. But we are of the view that apart from legality or illegality in present difficult situations placed due to Covid-19, such strikes will violate Fundamental Rights of citizens under Article 21, of the Constitution of India. Perhaps this is possibly the worst time to take recourse to the strike assuming that demands made by the union are legitimate."

Further it had said "We hope and trust that without compromising on the demands made by the union, it will come forward before the court with an assurance to everybody that service of these four entities will be immediately resumed so that the common man who is already under huge stress does not suffer further."