Tamil Nadu transport strike: Madras High Court directs workers to return to duty immediately

Passing interim orders on a public interest litigation seeking restoration of public transport services grossly affected by a flash strike by Transport Corporation Workers, the first bench comprising Chief Justice Indira Bannerjee and Justice Abdul Quddhose said, “There can be no doubt that all employees are entitled to voice their grievances, However, strike calls on issues such as this to press nominal demands of about Rs 600 a month or so cannot be countenanced.”

Noting that the State is bound to protect the right of free movement of citizens and that the rights are ensured by the State through a machinery of functionaries including the Transport Corporation workers, the bench also held, “Recourse to lightning strikes without notice leads to the consequence of denying the citizens their right to free movement and is clearly illegal and against public interest.” Restraining the transport corporation workers and specially, the drivers and conductors, from taking recourse to strike, the bench led by the Chief Justice issued notice to Centre of Indian Trade Unions (CITU) and All India Trade Union Congress (AITUC).

Also, directing the petitioner’s counsel to implead the other unions after serving notice on them, posted the matter for further hearing to January 8.

Earlier, Advocate General Vijay Narayan submitted that wage settlement talks are going on and 11 to 12 sittings have been held. A settlement had been signed by 32 unions on January 04, 2018.

However, 14 unions refused to sign it. 

He further told the court that the settlement talks also finalised increase of pay from Rs. 6,900 to Rs. 17,700 for new entrants as drivers by merger of grade and similarly for all other categories using a specified factor. For employees who entered service after 2013 and up to 2016, it was decided to give a special increment of 3 per cent. This would benefit 32,000 employees and the average expenditure to the government would be Rs 24 crore per annum and that this has been highest increase compared to previous settlements. 

The Advocate General also noted that while pay revision of Government employees takes place once in 10 years, in the case of Transport corporation staff wage revision takes place once in three years.

The petitioner Varaaki submitted that the government has agreed to 2.44 per cent increase, whereas workers’ union was demanding a 2.57 per cent increase. The difference is only 0.13 per cent.