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2021 DIGILAW 1483 (BOM)

Maharashtra State Road Transport Corporation v. Sangharsh St Kamgar Sanghatana

2021-11-03

S.J.KATHAWALLA, SURENDRA P.TAVADE

body2021
JUDGMENT 1. Not on board. Upon mentioning and making out a case of extreme urgency, taken on board for exparte hearing and passing of urgent orders 2. The above Writ Petition is filed by the Petitioner - Maharashtra State Road Transport Corporation (MSRTC) against the Respondents / Sangharsh ST Kamgar Sanghatana and another inter alia seeking the following relief : "(a) That this Honble Court be pleased to issue a writ of certiorari or any other writ/direction/order directing the Respondents and all the employees of the Petitioner Corporation to refrain from proceeding with the proposed rally/strike/stoppage of work from midnight of 03.11.2021 and/or thereafter;" 3. The Learned Advocate for the MSTRC has drawn our attention to the order dated 29th October, 2021 passed by the Industrial Court, Mumbai in Complaint (ULP) No.217 of 2021 filed by the MSRTC against the Maharashtra State Transport Kamgar Sanghatana and 26 Others under Items 1, 2 (a), 2(b), 3, 5 and 6 of Schedule III of the MRTU & PULP Act, 1971, restraining the employees of the MSRTC from proceeding with the illegal strike until further orders. By the said Order, a notice is directed to be issued to the Respondent Nos.4 to 27 and the same is made returnable on 15th November, 2021. 4. Despite the aforesaid order, the Respondents have today issued a notice interalia stating therein that unless a written assurance is given to them by MSRTC that the employees of MSRTC will be treated as employees of the State Government, the employees of the MSRTC will go on an indefinite strike from today midnight of 3rd November, 2021 and will continue the same. 5. MSRTC has therefore moved this Court and have submitted that its employees despite the order dated 29th October, 2021 passed by the Industrial Court, have decided to go on strike which is illegal. It is submitted that this action on behalf of the Respondent - Union is nothing but an attempt to blackmail the MSRTC who are required to run buses to enable members of the public to reach different destinations during the festive season / days. 6. It is submitted that this action on behalf of the Respondent - Union is nothing but an attempt to blackmail the MSRTC who are required to run buses to enable members of the public to reach different destinations during the festive season / days. 6. It is submitted that since the Respondent Union has today at 4.15 p.m. issued a notice that they will be going on strike from midnight of 3 rd November, 2021, the MSRTC is left with no time in their hands to move the Industrial Court, Mumbai, whose order is being breached by the Respondent Union and therefore they have no other alternative but to knock the doors of this Court seeking the relief prayed for in the above Writ Petition. 7. In view of the above facts and circumstances and keeping in mind the immense hardship and inconvenience that will be caused to the members of the public who have fixed their travel plans through MSRTC buses during the festive days, we direct the Respondents i.e. all the employees of the MSRTC to refrain from proceeding with the proposed rally/strike/stoppage of work from mid night of 3rd November, 2021 and/or thereafter, until further orders. 8. Stand over to 4th November, 2021 at 11.00 a.m. 9. All concerned to act on an ordinary copy of this order duly authenticated by the Private Secretary / Personal Assistant of this Court.