BENGALURU: With the Assistant Labour Commissioner’s office calling upon both the management of the Bangalore Metro Rail Corporation Limited (BMRCL) and the BMRCL Employees Union to hold “bilateral talks” to sort the ongoing tussle during the second round of conciliatory proceedings on Monday, the management immediately invited the Union for talks on Wednesday. The condition put forth by the management that the indefinite strike call needs be given up by the Union before they come to the negotiating table has not been accepted by the Union which insists the strike is on as planned.
Assistant Labour Commissioner V Sandeep, present during the conciliation said, “Our office has not closed the conciliation. As of now, we have asked both the sides to hold bilateral talks and sort out the issue amongst themselves.”BMREU Vice President Suryanarayana Murthy, who had staged a walkout in the afternoon when the first session was on, said, “The BMRCL Managing Director has invited us for talks through other officers who attended the meet today.”
Murthy walked out earlier when the representatives of the management informed the Union that all its demands barring the recognition for the Union could be discussed by holding talks within 30 days.BMRCL Managing Director Mahendra Jain confirmed to The New Indian Express he had invited the Union for talks. “We are willing to hold talks and being in line with the recommendations of the Labour Commission have invited even non BMRCL employees for it. However, there needs to be a cordial environment first in place for the talks.”
Going ahead with the strike plan when the conciliatory proceedings have not even been completed is illegal and will attract penal punishment, he added. Seconding this, former Advocate General Uday Holla said that under Section 20 (d) of the Industrial Disputes Act, “No person employed in a public utility services shall go on strike in breach of contract...during pendency of conciliation proceedings before a conciliation officer and seven days after conclusion of such proceedings.”
Why mgmt won’t recognise the Union?
There is a case pending in the High Court in connection with the recognition of the Union, said the Managing Director. “We cannot take any decision unless a verdict is given in the court. Secondly, there is no provision under the laws of the State to accord any such recognition,” he said.
How will recognition help the Union?
Recognition will give legal right to negotiate with the management and ensure issues of employees are genuinely redressed, said Legal counsel for the Union D Leelakrishnan. They will get permission to collect Union subscriptions directly from the salaries of employees.
HC to hear plea on ESMA today
With the High Court hearing on a plea by BMRCL to vacate the stay imposed against its imposition of ESMA 2013 scheduled for Tuesday, BMRCL can invoke ESMA if the verdict is in their favour. Its move to incorporate the Metro Rail Service under ESMA gives it a big edge in the ongoing legal tussle with its employees. BMRCL had on March 12 issued a notification citing the “grave hardship” for people in case its employees refuse to work. Speaking to The New Indian Express, former Advocate General of Karnataka, Udaya Holla states that regardless of the outcome in the HC, BMRCL had already issued a notification bringing it under ESMA.