Bombay HC directs striking MSRTC staff to rejoin work by April 22 – Times of India

HC says order in employees’ interest on humanitarian grounds; but failure to abide can attract action from MSRTC
MUMBAI: Observing that “frailties, from which humans suffer, gave rise to differences and disputes erupting into a situation which tended to go out of control,” Bombay high court directed that employees of MSRTC who are on strike can report for work on or before April 22, 2022, and MSRTC to let them join duties with out fear of any disciplinary action. Any action, if already initiated against such employees, shall stand withdrawn.
This would also cover the cases of those employees on strike to whom notices have been issued for showing cause as to why their services should not be terminated. Such show cause notices shall stand withdrawn too if they join and any transfer or dismissal orders be withdrawn too for those who resume work by April 22.
The HC passed its order keeping a March circular of Maharashtra State Road Traffic Corporation (MSRTC) “and the humanitarian considerations involved”. It clarified that the order was “in the peculiar facts and circumstances of this case and shall not be treated as a precedent.”
“Considering that this order is passed keeping the interest of the employees in mind, we expect the employees to abide by the aforesaid directions. Any failure to abide by these directions would expose the employees to be proceeded against by MSRTC in accordance with law,” said the HC order while disposing of a petition filed by the corporation against the striking employees.
“We hope and trust that criminal prosecution launched against the employees shall not be pursued further by MSRTC,” said the HC in its order expressing its appreciation for the efforts made by senior counsel Aspi Chinoy and counsel G Hegde for the MSRTC “in adopting a proactive stand, assisting this court in deciding this writ petition.”
The HC clarified that it has “not considered the challenge to the recommendations of the committee on merits and all contentions in that regard are left open to be agitated before the appropriate forum.”
The HC directions in the order are that If any appeal filed against dismissal it should be disposed of with just a warning.
Casual or temporary workers terminated will also be allowed to rejoin and MSRTC to pay the Rs 300 per day for those working during the pandemic as provided in the rules.
The HC order said, “The employees whose services have been transferred during the strike period shall be allowed to join at the place of their posting prior to the issuance of such transfer. Such orders of transfer to stand revoked if they join on or before April 22, 2022.”
It added “As regards causal/temporary employees whose services have been terminated on account of their participation in the strike, such employees will be permitted to join, if they report for work on or before April 22, 2022.”
The order said, “It is brought to our notice that permanent employees dismissed pursuant to a disciplinary action taken against them have filed departmental appeals under the relevant rules and regulations of MSRTC. Such appeals shall be disposed of within a period of four weeks from date with a warning and the concerned employees shall be reinstated in service. In respect of those employees who have not filed departmental appeals against the orders of dismissal, such employees may file appeals within a period of three weeks from date. The said appeals shall be decided within a period of four weeks from date of receipt of the appeal memo, whereupon such appeals shall be disposed of in the same manner as aforesaid. The orders of dismissal shall then stand revoked. If no appeal is filed within the time frame as above, it shall be presumed that the concerned employee is not interested to join duty and the order of termination shall have full effect. However, those who join and report for duty after disposal of the appeals shall be entitled to continuity of service but not back wages.”
The order also said, “statement made by Aspi Chinoy that MSRTC will comply with circular no. 33 dated October 29, 2021 passed by the board…regarding payment of special incentive allowance of Rs 300/- per day with effect from March 23, 2020 up to December 31, 2020 to those employees who have actually worked during the pandemic period is accepted. The arrears, if any, in respect of such allowance shall be paid within a period of eight weeks from date.”
The HC also dealt with retired employees of MSRTC and directed that it was “expected that the employer’s share of contribution towards the provident fund dues would be deposited with the provident fund department within the time stipulated by the Employees Provident Fund Act, 1952 and scheme framed thereunder.”
The PF department shall pay to the employees such amounts that are admissible under the scheme without any delay, hoped the HC and set a one month deadline for any pending application.
The HC order said, “The applications made for compensation in Covid death cases be dealt with and decided as expeditiously as possible and in any event, within a period of four weeks from date.”
The HC after also hearing S C Naidu and PP Kakade government pleader for the State and Gunratan Sadavarte for employees of MSRTC had begun its 26 page judgment by saying: “It is often said that extraordinary circumstances call for extraordinary measures. This happens to be an extraordinary case presenting an extraordinary circumstance calling for an extraordinary measure at our end in exercise of our writ jurisdiction under Article 226 of the Constitution of India.
Apart from other deleterious effects that the unprecedented pandemic brought about in the lives of our countrymen, surely the crises that unfolded had its effect on the working of the MSRTC and its employees as well. We need not for the present purpose delve deep to find out who between the two was at fault. Suffice it to note, during the testing times of the pandemic, humans may not have acted in the manner they would have acted if things were normal.
“The employees of MSRTC inter alia raised a demand that MSRTC be merged in the Government and they be treated as Government employees. The demand was not accepted by a three member expert panel appointed by the HC and the State had accepted the panel’s recommendation that merger of MSRTC with State is not feasible.