HYDERABAD: In batch PILs filed against the ongoing RTC strike,
The prayer that this Court should declare the strike as illegal one is clearly unacceptable
It is only the labour court which can decide whether the RTC strike is legal, justified or unjustified, and to decide the consequences, in case the strike were to be declared as legal or illegal
In Express Newspapers Private Limited case, the SC has clearly opined that “when a worker goes on strike, he merely voices his concern that his working condition should be improved by meeting his demands. It is not the expression of an intention to abandon the work in which he/she is engaged”.
Therefore, neither the corporation nor the state government would be justified in concluding that merely by going on strike, the workers have abandoned their duties
In case the workers are left out in the cold, eventually it is their families that suffer an economic death. Therefore, the pertinent question to be decided both by the corporation and the government is whether such a large number of people (48,000 workmen and their families) can be abandoned to fend for themselves, and to be left out in the cold?
It may be an impossible task for workmen to find an alternate job, in case the corporation decides not to take them back. This court leaves it to the discretion of the corporation and government to deal with the workmen in accordance with law. But simultaneously, this court hopes that the corporation and the government would remember that under the constitutional provisions, both of them are legally bound to look after the interests of workmen
If the labour commissioner decides not to refer the industrial dispute to labour court, he has to give reasons for it, in writing, and the said decision should be taken within two weeks
The duty of the conciliation officer (labour commissioner) under Section 12 of the Industrial Disputes Act is limited only to the extent of informing the government as to the final outcome of the conciliation proceedings, namely, whether it has ended in a settlement or in failure? However, it is not within the power of the conciliation officer to make any further observations, especially, with regards to the nature of the strike whether it is a legal or illegal one. Therefore, the observation made by the conciliation officer in the communication dated Oct 5, 2019 should be ignored both by labour commissioner as well as by the labour court
