File photo of Bombay High Court
MUMBAI: “When there is a fight between a lion and a lamb, the lamb must be protected,” the Bombay High Court said on Thursday while concluding the hearing on a plea filed by the MSRTC for the employees’ counsel against its striking employees. .
It will extend the time from April 15 to April 22, said the HC bench of Chief Justice Dipankar Dutta and Justice MS Karnik, which on Wednesday asked all employees to resume work without fear of administrative action.
Aspi Chinoy, senior counsel for the Maharashtra State Road Transport Corporation (MSRTC), cited the legal provisions as a hindrance and said it would be difficult to take a stand to withdraw the action initiated against the employees who resorted to violence. But, the HC said, “we will reinstate all at the same time. We will replace it with our order.”
Chinoy said it could not be treated as a precedent then and the High Court agreed, saying it was a special situation.
“We are extending the date. We will allow them to join again but with the caveat that their actions cannot be replicated and then you (MSRTC) will be free to take action.
“Let us make up our mind and pass an order. We will try to upload it this evening,” said the bench to Gunratan Sadavarte, who raised concerns over further suicides by employees, saying there were two deaths last month and the total number of suicides was 124.
The HC orally said that it was also concerned to ensure that there were no further deaths and that all staff were employed.
When asked by the court whether the employees get pension, Chinoy and advocate Shailesh Naidu said that they get the benefit of fund and gratuity. Another lawyer of an employee union said, “They do not have pensionary benefits. Only PF and gratuity like in a private company.”
Chinoy said the amount is deposited by the MSRTC with the PF commissioner, who then makes the disbursements and there is a special gratuity trust and an application is made.
The Chief Justice said that gratuity is based on meritorious service. and suggested to MSRTC, “If you find that someone has rendered meritorious service, why don’t you give them on the date of retirement.”
On Tuesday, the state submitted that it has accepted all the recommendations made by the court-appointed committee, citing various laws and said that the merger of its employment with that of state employees receiving pension of MSRTC employees. It is not possible to accept the demand.
The HC said that the employees’ union or the employees are free to challenge it separately by filing a suitable petition.