HYDERABAD: The court can’t force the state government to negotiate with the RTC employees in order to stop the workmen from committing suicide and suffering heart attacks, a division bench of the Telangana High Court asserted on Tuesday, adding that it was the trade unions who chose to go on strike and they should have considered the workers’ welfare when continuing their agitation.
“If anybody wants to take the blame for such incidents, it should be the trade unions... the strike was called by the unions and not the state government. Instead of going on strike, the unions should have approached the labour court...,” the bench opined.
The bench, comprising Chief Justice Raghvendra Singh Chauhan and Justice A Abhishek Reddy, made these observations while dealing with a PIL filed by Prof PL Vishweshwar Rao of the Telangana Jana Samithi seeking to declare the alleged inaction of the authorities concerned in preventing the RTC employees’ suicides and heart attacks, as a violation of the principles of natural justice.
Prof Vishweshwar Rao, arguing the case as party-in-person, blamed the state government and the RTC management for the deaths of the workmen.
He said the authorities concerned were adamant and did not initiate negotiations with the striking staff or pay their salaries for September though they worked that month.
‘More deaths likely if court doesn’t help’
The petitioner urged the court to issue mandamus to the government to hold talks and said there would be more deaths if it did not intervene. In response, the court said it has its own limitations
Employees are now being arrested when they visit bus depots to resume duties as the strike has been called off.
The authorities concerned refuse to take them back, he pointed out and urged the court to issue a mandamus to the government to negotiate with the RTC’s suffering employees. So far, about 30 employees have died due to suicide and heart attacks.
Reacting to these submissions, the bench said the petitioner’s contentions were a misnomer since the workmen have a remedy in some other forum under the Industrial Disputes Act.
The petitioner must show evidence to prove the alleged suicides were due to the present crisis, the court said, adding that it is not mandatory for trade unions to take their issues to the industrial tribunal, and aggrieved workmen can approach the tribunal individually for redressal of their grievances.
The High Court has its own limitations, and cannot issue a mandamus to the government to negotiate with the trade unions, the bench maintained.
“You cannot have negotiations under duress and compulsions. Once, we already directed the government to negotiate, but you know the result. The employees have other legal remedies to ventilate their grievances under the ID Act,” it told the petitioner.
The bench adjourned the hearing of the case after suggesting that the petitioner amend the prayer in the PIL as per the submissions made before the court.