msrtc: Bombay HC: Students going back to school can’t suffer, drivers willing to ply MSRTC buses cannot be obstructed | Mumbai News – Times of India

MUMBAI: Observing that student going back physically to school and colleges cannot be made to suffer, Bombay high court on Monday directed that drivers and conductors of MSRTC who are willing to ply buses must be allowed to do so.
The HC also observing that it expected the protesting union members to remain peaceful and not resort to any violence, directed that if they do, the state can immediately initiate action against them.
The HC bench of Justices PB Varale and Justice SM Modak were hearing a petition by the Maharashtra State Road Transport Corporation (MSRTC) which also submitted an affidavit pointing to instances of alleged obstruction and “stone pelting” when staffers were reporting for duty in the last several days.
MSRTC senior counsel S U Kamdar with advocate Pinky Bhansali tried to seek an order to bar the protestors from assembling at the gates and blocking their employees from reporting to duty. The HC did not pass such orders after advocate Gunratan Sadavarte said they were not blocking and were conducting a peaceful protest as assured by them. But the HC said to Sadavarte, “when we are permitting you to have a peaceful protest, it ought not to block fellow colleagues. You are considering only one aspect–of your democratic right to protest. These poor boys who have not attended school for one and half years, when the State has now opened schools, do you expect them to walk? The protest doesn’t mean that your agitation should result in suffering of the students and general public. There must be some balance.’’
The HC said that pursuant to its November 15 order in a contempt petition filed by MSRTC against the protesting employees, members of the Maharashtra Rajya Kanisht Vetan Shreni Kamgar union attended a meeting of the committee it had ordered to be appointed.
Government pleader P P Kakade said representatives of 26 other unions are called on by the panel to submit their independent views too, from November 23. The HC directed that the committee after hearing all parties including MSRTC and State too must place its “preliminary opinion’’ before it on December 20.
Senior counsel Kamdar for MSRTC submitted that there was an increase in number of passengers, particularly in rural areas as state decided to open schools and permit physical attendance of students of Classes VIII to XII. “The MSRTC is focussing on providing transport to these passengers.
Sadavarte submitted that at Azad Midan certain incident occurred and said health care of protestors was an issue. He sought doctors’ presence. The state said it already has placed fully equipped ambulances at the site with doctors and the HC in its order said in case of emergency the protesting member be rushed to the “nearest hospital.’’
The HC suo motu cited two news articles one by MSRTC’s former employee which made relevant suggestions it said and asked the State to consider them in its attempt to resolve the stand-off between the protestors and State.