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Synopsis

In view of the ensuing Pongal festival, the Madras High Court on Wednesday asked the State transport corporation trade unions to defer their strike at least up to January 19 when the date is fixed in the conciliation proceedings pending before the Labour Commissioner.

Several trade unions in Tamil Nadu had called an indefinite strike earlier this week to protest the State Government's inaction in giving any heed to their requests including payment of dearness allowance to the retired employees (pensioners). Against the same, a public interest litigation petition was filed by one S. Paul Kithiyon, a 25-year-old pharmacology student from Chennai.

While disposing of the PIL, the division bench of Chief Justice Sanjay V. Gangapurwala and Justice D. Bharatha Chakravarthy noted that it was during the period of Pongal festivities, that the strike was called by trade unions.

Court said that if the strike continues, the society would be subjected to immense hardship in the absence of public transport service.

"The ensuing pongal festival is one of the largest festivals in the State of Tamil Nadu and lot of movement of people would take place during the said period. Even additional public transport facilities would be required to be provided by the State and the Transport Corporations. It is a period where the persons would be travelling throughout the State to visit their villages and native places," the division bench said.

Court added that though workers/employees may have a right to go on strike as per the provisions of the Industrial Disputes Act, the legality of which will be decided at the appropriate time, it is also a matter of fact that the transport service is the essential public utility service.

"At the time the people of the State are celebrating one of the biggest festivals, the citizens of the State would be held to ransom and the movement of the society would come to a standstill. The same ought not to be the approach of respondents 11 to 14," the bench said. 

Therefore, asking the respondent trade unions to rise to the occassion for public cause, court asked them not to proceed ahead with the strike at least till January 19. 

Apart that, court pointed out that the State's attitude in the matter was also adamant. "we also do not appreciate the stand of the State in not at all agreeing for any aspect of the matter. Even when a suggestion was given to the learned Additional Advocate General that whether the State would pay adhoc dearness allowance of Rs.2,000/- (Rupees two thousand only) each to the retired pensioner (we are told there are 92,000 retired pensioners) and in case, the State succeeds, the said amount can be adjusted in the payment of pension and the same may be paid without prejudice to the rights and contentions of the State, the learned Additional Advocate General did not agree for the same," the bench highlighted. 

Court said that to provide the facility of transport service throughout the State is the responsibility of the State.

"In light of that, the State would be within its right to take all possible legitimate steps as may be permissible under law in case the illegal activities are resorted to by the employees," it added. 

Before the division bench, counsel for respondent trade unions Anna Thozhil Sangam Peravai and Centre of Indian Trade Union (CITU) submitted that for the interest of the people at large and in view of the Pongal festival, would suspend the strike call and would report to their duties. 

"The members of respondents 13 and 14 shall also report to their duties by tomorrow," court ordered. 

Case Title: S.Paul Kithiyon v. The Additional Chief Secretary to Government, Home Department and Others