Humans may not have acted in normal manner amid pandemic's 'deleterious effects', says Bombay HC in MSRTC order

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The testing times of the Covid-19 pandemic has had its deleterious effects due to which humans may not have acted in the manner they would have if things were normal, the Bombay High Court said in its order directing striking employees of the Maharashtra State Road Transport Corporation (MSRTC) to resume duty by April 22.

A division bench of Chief Justice Dipankar Datta and Justice M S Karnik said if the employees report to duty on or before April 22 then MSRTC shall not take any action against them and shall also take back any disciplinary action initiated.

Thousands of MSRTC workers have been on strike since November 2021 demanding that they be treated on par with state government employees and that the transport corporation be merged with the state government.

The court had, on Thursday, passed the order, a detailed copy of which was made available on Friday.

The bench disposed of a petition filed by MSRTC seeking initiation of contempt action against the striking workers for not resuming duty despite court orders.

In the order, the HC bench noted there was no need to find out who was at fault and that the situation necessitated for a balance to be struck between the employees and the suffering of the public due to the absence of state transport bus services.

"Apart from other deleterious effects that the unprecedented pandemic brought about in the lives of our countrymen, surely the crisis that unfolded had its effect on the working of the Maharashtra State Road Transport Corporation (MSRTC) and its employees as well," the court said.

"We need not delve deep to find out who between the two (MSRTC and its employees) was at fault. Suffice it to note, during the testing times of the pandemic, humans may not have acted in the manner they would have acted if things were normal," the order said.

The bench noted that the frailties from which humans suffer gave rise to differences and disputes erupting into a situation that tended to go out of control.

The present case necessitates the court to attempt an approach for striking a balance to provide immediate succour to the employees and, at the same time, ensure that the activity of providing public transport services for the benefit of the common man is resumed at the earliest with full strength, the bench said.

The court order said MSRTC employees who are on strike shall report for work on or before April 22 and the corporation shall permit them to join duty and not take any disciplinary action against them, adding that "any action, if already initiated against such employees, shall stand withdrawn".

The court also directed the state government to decide expeditiously the applications made for compensation for the death of an employee due to Covid-19.

Noting that the court expects striking employees to abide by the directions. the HC said, "Any failure to abide by these directions would expose employees to be proceeded against by MSRTC in accordance with law."

The Maharashtra government had earlier this week told the court it has accepted the report submitted by a three-member committee.

The state government had said demands for merger of the MSRTC with the state government and for MSRTC employees to be treated as state government employees have not been accepted.

The government would, however, provide financial assistance to the MSRTC for a period of four years.

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