HYDERABAD: In a significant development in the petitions filed against the ongoing strike by TSRTC employees which has entered the 45th day, a division bench of Telangana High Court on Monday directed the conciliation officer (labour commissioner) to decide with reasons in two weeks, as to whether the dispute between the corporation’s management and workers should be referred to the labour court or not. This Court cannot monitor this complicated dispute.
The communication dated Oct 5, 2019 of the conciliation officer declaring the strike as illegal should be ignored while looking into the issue, the bench noted.
While refusing to consider the plea of the trade unions to direct the government and corporation to take back the employees without creating any obstacles in the event of the strike being called off, the bench said that it can only request them to show generosity, kindness and be like a model employer.
The Court hopes that both the government and the corporation would rise to the occasion and resolve this in a short time. It should be kept in mind that the fight is not just between the management and the workers, but it is also about the families of the 48,000 workers who will suffer. Given the high degree of unemployment and the age limit, it is an impossible task for the striking workmen to find alternate employment.
During the course of the hearing, Advocate General BS Prasad, appearing for the State government, and Additional Advocate General J Ramachandra Rao, appearing for the corporation argued that the HC cannot direct the State and the corporation to necessarily negotiate with trade unions.
They cited the Supreme Court judgment in Syndicate Bank vs Umesh Nair case, wherein it was held that the HC should not invoke its jurisdiction to declare the strike as legal or illegal, and the said power vests only with the labour court, and urged the court to refer the matter to labour court for adjudication.
When senior counsel D Prakash Reddy, appearing for the trade unions, submitted that there was no need of any consent from the state government to the court’s proposal to constitute a high power committee with three former Supreme Court judges to look into the issue, the bench said that it cannot force the government, the latter has taken a strong exception to the request of the court.
Referring to the additional affidavit filed by the TSRTC in-charge MD Sunil Sharma, the senior counsel alleged that there is an ‘hidden agenda’ behind filing of such affidavit, since the officer had stated that the corporation is not in a position to continue services of the workers, even if they are willing to resume the duties voluntarily now. He urged the court to pass orders directing the authorities not to create obstacles to the workers in the event of the strike being called off.
With regard to petitions filed alleging suicide deaths of workers and against tenders called for privatization of 5100 permits, the bench posted the matter to Tuesday.
Strike issue lands back in Labour department
With the fate of TSRTC JAC landing in the hands of the Labour department, all eyes are set on what the department will do to resolve the issues between the RTC’s management and the workers’ union. While the interim labour commissioner Ahmed Nadeem stated that he has not received the judgement copy, it is learnt that the labour department may not want to carry out further negotiations. The case, is finally returning to the labour department, almost 43 days after it went to the HC.
Sources stated that on Oct 4, when the last conciliation meeting was held between JAC and management, the JAC had walked out of the negotiations, and the strike had begun the next day. The conciliation officer made a failure report which was submitted to the labour commissioner. This was submitted to the HC when the matter came up on the legality of the strike.
That report stated that negotiations had failed and the strike started, and so, as per the Industrial Dispute Act Section 22 (1) (d), the strike was illegal. This implies that previous negotiations were over and closed. The labour department will now have to do a close reading on the court’s orders on whether the old case has to be reopened or not
Transgenders donate money to RTC staff
Nizamabad: The Transgender Welfare Society extended its support to TRSTC employees who are on strike from the past 45 days. The society’s delegation visited the relay hunger strike camp at the Collector’s office on Monday and donated Rs 2,000 to the RTC employees. Meanwhile, Nizamabad district’s State government’s Retired Employees Association also donated Rs 35,000 for the RTC staff
‘Cant decide if strike is legal or not’
Since the SC has held that HCs cannot decide if the strike is legal or illegal, the labour court is the appropriate forum to take a call, the Telangana High Court observed