Court declares State Transport Corp employees' strike illegal, orders return to work, forms committee for grievances and pay review.

The court declared the strike by the employees of the State Transport Corporation as illegal and directed them to resume their duties immediately. A high-powered committee was ordered to be formed to address employee grievances and consider an interim pay revision. The State was instructed to take proactive measures to resolve the issue and minimize public inconvenience. The court adjourned the proceedings for further review on 10th January 2018.

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Issues Involved:
1. Legality and constitutionality of the strike by the employees of the State Transport Corporation.
2. Impact of the strike on the public, particularly in rural areas.
3. State's role and responsibilities under the Road Transport Corporation Act, 1950.
4. Compliance with the Industrial Disputes Act, 1947.
5. Formation and role of a high-powered committee to resolve the dispute.
6. Interim relief and pay revision for the employees.

Issue-wise Detailed Analysis:

1. Legality and Constitutionality of the Strike:
The petitioners sought a declaration that the strike by the employees of the State Transport Corporation was "illegal and unconstitutional" and requested a mandatory relief to direct the employees to resume their duties forthwith. The court examined whether the strike, which commenced at midnight on 16th October 2017, was illegal. The Corporation's counsel argued that the strike was illegal under Section 22(1)(a) and (d) of the Industrial Disputes Act, 1947, as the notice given by the Union was only 14 days instead of the required six weeks for public utility services. The court was prima facie satisfied that the strike breached these provisions.

2. Impact of the Strike on the Public:
The petitioners contended that the strike caused immense inconvenience to the residents of Maharashtra, particularly affecting the rural population during the Diwali festival. The lack of alternative transport facilities exacerbated the situation, isolating certain areas. The court acknowledged the significant disruption caused by the strike, noting that the Corporation serves seven million passengers daily on 13,700 routes, making its services indispensable.

3. State's Role and Responsibilities:
The State Government, under Section 34 of the Road Transport Corporation Act, 1950, has control over the administration and financial affairs of the Corporation. The court highlighted the State's passive attitude in resolving the issue and emphasized its responsibility to intervene effectively. The State's counsel submitted that the government was making efforts to resolve the issue through continuous negotiations and had issued a notification permitting private vehicles to ferry passengers during the strike.

4. Compliance with the Industrial Disputes Act, 1947:
The Corporation's counsel pointed out that the strike was in violation of the Industrial Disputes Act, 1947, as the Union did not provide the required six-week notice. The Labour Court had already restrained the employees from striking before or after midnight on 16th October 2017. The Union's counsel argued that the notification declaring the Corporation's services as public utility was a mala fide action to upset the strike notice. However, the court found the strike to be prima facie illegal under the Act.

5. Formation and Role of a High-Powered Committee:
During the hearings, it was suggested that a high-powered committee be constituted to resolve the issue. The State agreed to form such a committee, comprising the Finance Secretary, Transport Secretary, Transport Commissioner, and Vice-Chairman and Managing Director of MSRTC, subject to the Union resuming work immediately. The Union, however, insisted that the Chief Minister head the committee and demanded an interim pay hike. The court directed the State to constitute the committee by 23rd October 2017 and submit a report by 22nd December 2017.

6. Interim Relief and Pay Revision:
The Union demanded an interim pay hike of at least Rs. 8,000 per employee. The court suggested that the high-powered committee consider the interim pay revision within three weeks of its constitution. The committee was tasked with submitting its findings on pay revision by 15th November 2017.

Conclusion:
The court declared the strike by the employees of the State Transport Corporation as illegal and directed the employees to resume their duties forthwith. The State was instructed to form a high-powered committee to address the employees' grievances and consider an interim pay revision. The court emphasized the need for the State to take proactive measures to resolve the issue and alleviate the public inconvenience caused by the strike. The proceedings were adjourned to 10th January 2018 for further review.

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