JUDGMENT 1. On 3rd November, 2021 this Court passed the following order : "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 3rd 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." 2. On 4th November, 2021 none appeared for the Respondents. In view thereof, after reproducing the order dated 3rd November, 2021, we passed an order, and adjourned the matter to 5th November, 2021 at 2.30 p.m. Paragraphs 2 and 3 of the said order dated 4th November, 2021 are relevant and reproduced hereunder : "2. Despite the Respondents being served with the above order, none appear for the Respondents. However, the learned Advocate appearing for MSRTC on instructions states that Respondent No. 1 Union Sangharsh ST Kargar Sanghatana has agreed to abide by the orders passed by this Court and has not proceeded with the proposed agitation / strike. However, Respondent No. 2 Union Maharashtra Rajya Kanishth Vetanshreni ST Karmachari Sanghatana led by Shri Ajaykumar Gujjar, has continued with the agitation / strike and has categorically informed MSRTC that they will continue with the agitation / strike. In view thereof, 59 out of 250 depots of MSRTC are currently non functional and therefore not plying any buses. 3. However, Respondent No. 2 Union Maharashtra Rajya Kanishth Vetanshreni ST Karmachari Sanghatana led by Shri Ajaykumar Gujjar, has continued with the agitation / strike and has categorically informed MSRTC that they will continue with the agitation / strike. In view thereof, 59 out of 250 depots of MSRTC are currently non functional and therefore not plying any buses. 3. In view of the above, we are prima facie satisfied that Respondent No. 2 Union - Maharashtra Rajya Kanishth Vetanshreni ST Karmachari Sanghatana led by Shri Ajaykumar Gujjar is guilty of committing willful breach of not only the Order passed by the Industrial Court, Mumbai dated 29th October, 2021 but is also guilty of committing willful breach of the Order passed by this Court dated 3rd November, 2021. Before taking any stern action against Respondent No. 2 Union - Maharashtra Rajya Kanishth Vetanshreni ST Karmachari Sanghatana, led by Shri Ajaykumar Gujjar, we call upon Shri Ajaykumar Gujjar to file his Affidavit on 5th November, 2021 at 2.30 p.m. explaining as to why action should not be taken against him for committing willful breach of the order dated 3rd November, 2021 passed by this Court. We further direct Shri Ajaykumar Gujjar to ensure that he as well as the members of the Respondent No. 2 Union - Maharashtra Rajya Kanishth Vetanshreni ST Karmachari Sanghatana led by him, abide by the Order passed by this Court dated 3rd November, 2021 until further orders. Shri Ajaykumar Gujjar is also directed to remain present before this Court on 5th November, 2021 at 2.30 p.m. along with his Affidavit, failing which the Court shall be constrained to pass necessary orders to ensure his presence before this Court including issuing a warrant of arrest against him." 3. On 5th November, 2021, the President of the Respondent No.2 Shri Ajaykumar Gujjar, was present before us along with his Advocate Shri Tafti. At that time, it was suggested by the Advocate for the MSRTC that since the demand of the employees of the MSRTC is to treat them as Govt. employees, MSRTC be allowed to join the Government of Maharashtra as party Respondent to the above Writ Petition and thereafter, invite response of the Govt. to the said demand. At that time, it was suggested by the Advocate for the MSRTC that since the demand of the employees of the MSRTC is to treat them as Govt. employees, MSRTC be allowed to join the Government of Maharashtra as party Respondent to the above Writ Petition and thereafter, invite response of the Govt. to the said demand. It was also discussed that the Court can request the State Government to constitute a Committee to look into the demands of the workers of the MSRTC and submit a report to this Court within the stipulated time. In response, Shri Ajaykumar Gujjar, President of the Respondent No.2 Union sought a days time to talk to the members of the Union and revert to the Court. The Court therefore, allowed MSRTC to join the State of Maharashtra as party Respondent to the above Writ Petition and the matter was therefore, adjourned to 6th November, 2021. 4. On 6th November, 2021 the Respondent No.2 Union was represented by Advocate Shri Sadavarte. Advocate Shri Sadavarte submitted before the Court that about 35 staff members of the MSRTC have committed suicide and therefore, the employees of MSRTC wants the Govt. decide only one issue/demand pressed by the employees of the MSRTC, namely they should be treated as employees of the State Government. In response, the learned Government Pleader informed the Court that the State Government is willing to constitute a committee comprising of the Chief Secretary, State of Maharashtra, Additional Chief Secretary, Finance Department and the Additional Chief Secretary, Transport, State of Maharashtra to consider the demand raised by the employees of the MSRTC within a period of 12 weeks. It was submitted that 12 weeks time is required since the Committee will have to hear the representatives of 28 Unions and also the representatives of MSRTC before submitting their report/recommendation. Shri Sadavarte was of the view that the Minister of Transport or any other Minister should also be on the Committee. Since the Minister of Transport is also the Chairman of MSRTC, this Court was not inclined to have him as a member of the said Committee. Shri Sadavarte was of the view that the Minister of Transport or any other Minister should also be on the Committee. Since the Minister of Transport is also the Chairman of MSRTC, this Court was not inclined to have him as a member of the said Committee. Shri Sadavarte thereupon informed the Court that upon the Government Resolution (G.R.) being issued by the State Government constituting a Committee for the purpose of considering the issue raised by the MSRTC i.e. to treat the employees of MSRTC as the employees of the State Government, and upon the Committee having its first meeting and producing its Minutes only stating that the meeting has been held to consider the issue of considering the employees of MSRTC to be treated as the employees of the State Government, the workers of MSRTC will within an hour withdraw the strike/agitation. Since Shri Sadavarte had submitted that several employees of MSRTC were committing suicide, and since protecting human life from being destroyed is more important than anything else, we kept the issue of breach of our Orders aside, and tried to work out an amicable settlement by requesting the State Government to decide on the issue/demand raised by the employees of MSRTC . The matter was therefore, adjourned to 8th November, 2021 at 10.00 a.m., to convey the proposal of Shri Sadavarte to the learned Advocate General and to enable the State Government to convey its views qua the proposal of Shri Sadavarte on behalf of the employees of MSRTC. 5. Today when the matter was called out, this Court informed Shri Sadavarte that instead of appointing any Minister on the Committee, the Committee should take its decision after hearing all the 28 Unions as well as the representatives of the MSRTC and submit its recommendations to the Chief Minister, who will in turn submit the said recommendations to the Court along with his views/opinions qua the said recommendations. 6. Since Shri Sadavarte was of the view that he would want to see the Minutes and thereafter, withdraw the strike/agitation, this Court in the morning session passed the following order : "1. Admittedly, the demand of the workers of the MSRTC is that they should be treated as employees of the State Government. For this reason workers of MSRTC as stated in our earlier orders are on strike. Admittedly, the demand of the workers of the MSRTC is that they should be treated as employees of the State Government. For this reason workers of MSRTC as stated in our earlier orders are on strike. Though by our earlier Orders we have directed the workers to resume their duties and the Order has been breached, an attempt has been made to amicably resolve the above issue raised by the workers, by requesting the Government to sympathetically consider the demand of the workers of the MSRTC. With the assistance of the parties and their Advocates before us and after considering their suggestions/inputs, the following Order is passed : A] A Committee shall be constituted today itself, comprising of the following officials : (i) The Chief Secretary, Government of Maharashtra; (ii) Additional Chief Secretary, Finance Department, Government of Maharashtra; and (iii) Additional Chief Secretary, Transport, Government of Maharashtra. (iv) The Managing Director of MSRTC shall act as a co-ordinator and assist the above Committee. He shall have no powers in the decision making. B] The Committee shall hear the representatives of the 28 unions and the representatives of the MSRTC and thereafter, submit their decision/ recommendations to the Chief Minister, State of Maharashtra. C] The Chief Minister, State of Maharashtra will consider the recommendations and submit the same to the Court with his views/opinion on the said recommendations. D] Upon such report being submitted to this Court, all contentions of the parties are kept open. E] The entire exercise shall be completed within a period of twelve weeks from today. F] The Committee shall inform the Court every fortnight qua the progress made by them i.e. the status of the hearing given by them to the 28 unions as well as the representatives of the MSRTC. G] The Government Resolution (GR) notifying the formation of the above Committee for the purpose of considering the issue raised by the workers of the MSRTC, namely, to treat them as employees of the State Government will be issued today by 3.00 pm. G] The Government Resolution (GR) notifying the formation of the above Committee for the purpose of considering the issue raised by the workers of the MSRTC, namely, to treat them as employees of the State Government will be issued today by 3.00 pm. H] The meeting of the Committee will be held at 4.00 p.m. and the minutes will be placed before the Court at 5.00 p.m. recording therein that the Committee has met today pursuant to the GR to consider the issue raised by the workers of the MSRTC that they be treated as employees of the State Government and fixing the next meeting within 10 (ten) days from today. I] Upon such minutes reaching the Court at 5.00 pm before us and being perused by all the Advocates present before us, the unions representing the employees of MSRTC shall forthwith withdraw the strike/agitation and resume their duties. J) None present before us have raised any objection to this order since it protects the interest of all the parties before us. Stand over to 5.00 p.m., today." 8. At 5.00 p.m., when the matter was called out, the G.R. as well as the Minutes of the first meeting have been produced before this Court. In the said G.R., it is interalia categorically recorded that in the hearing held before the High Court on 8th November, 2021 i.e. today, the High Court has constituted a three member Committee to consider the issue of the employees of MSRTC being treated as employees of the State Government. In the Minutes of the first meeting held by the three Member committee, it is once again categorically recorded that the Committee has been constituted to consider the demands of the employees of MSRTC to be treated as employees of the State Government and keeping in mind the said issue, the Committee has had preliminary discussions in regard to the same. 9. Thus, everything that Shri Sadavarte had demanded on behalf of the employees of MSRTC before withdrawing the strike/agitation has been complied with. However, Shri Sadavarte now states that the G.R. issued by the State Government is not in line with the G.R. issued by the State Government dated 28th October, 2020 in the case of reservations pertaining to the promotion of SC and ST. We see no substance in this submission. However, Shri Sadavarte now states that the G.R. issued by the State Government is not in line with the G.R. issued by the State Government dated 28th October, 2020 in the case of reservations pertaining to the promotion of SC and ST. We see no substance in this submission. Shri Sadavarte again submits that several employees of MSRTC have committed suicide and some of them have in their suicide notes blamed the Chief Minister for the same. Shri Sadavarte has also urged the Court to take a note of the fact that he is representing approximately 98000 workers / employees of MSRTC, who are supporting the stand taken by him in Court. 10. We do not understand why the employees of the MSRTC have now backed out from what they themselves wanted the Government to consider. Despite them having repeatedly breached the orders passed by this Court, the Court when informed that some of the employees of MSRTC have committed suicide, as stated earlier, kept the issue of breach of our orders aside and requested the State Government to consider the demands of the employees of the MSRTC. The State Government has co-operated fully qua the demand of the employees of MSRTC by issuing the G.R. as well as calling the preliminary meeting and submitting the minutes of the meeting as suggested / demanded by the employees of the MSRTC. We fail to understand how by not wanting to abide by the order passed by this Court in the morning session and insisting on continuing to breach the orders of the Court, the employees stand to gain and how such an adamant stand taken by the employees of MSRTC will prevent their colleagues from taking the drastic step of committing suicide in future. 11. Advocate Shri Tafti who is instructing Shri Sadavarte on behalf of the employees of MSRTC seeks to withdraw his Vakalatnama / appearance in the matter. He is allowed to do so. 12. Before we could proceed to pass an order directing the Registry to issue notices to the office bearers of the Respondent No.2 Union for repeatedly committing breach of the orders passed by this Court, the learned Advocate for the MSRTC submitted that there are several individuals who are manning depots of MSRTC and who are guilty of wilful disobedience of the orders passed by this Court dated 3rd and 4th November, 2021. In view thereof, we have asked the learned Advocate for the Petitioner to take out appropriate proceedings as advised. The learned Advocate representing MSRTC therefore, seeks time to take out / file a Contempt Petition. Stand over to 10th November, 2021.