HC directs TN Govt to invoke ESMA act against striking transport workers

Making an appeal to the striking employees of Tamil Nadu State Transport Corporation (TNSTC) to resume work forthwith to ensure the regular service of public transport, the Madurai Bench of Madras High Court today directed the State government to take necessary action against the striking transport workers under the Essential Services Maintenance Act (ESMA) if they failed to resume work as per the high court order.

While hearing a public interest litigation (PIL) seeking to declare the strike by Opposition backed trade unions of TNSTC as illegal, the court said if the employees fail to resume work as per the order of this court, the Chief Secretary and the Principal Secretary to Government of Tamil Nadu are directed to take necessary action against them under the Essential Services Maintenance Act (ESMA) and to invoke the power of disciplinary action and also penal action against the violators of the above act.

The Judges directed Union Home Secretary and Tamil Nadu Director General of Police (DGP) to report compliance of the ‘order of this Court’ before this Court tomorrow at 1030 AM and also directed the representatives of striking trade unions to appear before the court tomorrow morning.

 The petitioner J.Senthil Kumariah, a city-based advocate in his PIL, said that more than one crore public was utilizing the State transport corporation buses every day.  For the past few months, the transport employees were demanding to settle their grievances such as New Salary Contract, non-payment of Provident Fund, Pension and other grievances and declared the indefinite strike from May 15. The strike paralyzes bus services throughout the State.  

Capitalizing on the situation, private bus operators increased the number of trips and also charging exorbitant ticket fares from the passengers. The worst affected were common people.  

‘Those who are on strike, obstruct the employees, who were willing to operate the buses and indulged in disturbing movement of buses from the depots. When the government tried to deploy drivers and conductors on daily wage basis to operate buses, they were attacked by members of trade unions.  Few trade unions were utilizing the situation for their political agenda and not allowing the issue to get settle amicably, he said. 

The petitioner prayed the court to pass an interim direction, directing the State government to ensure safe and uninterrupted transport services to the common people.

 

The State government informed the court that it had so far held five rounds of talks with the trade unions on a range of issues, including pending post-retirement benefits, and added that there is nothing more that it can do.  

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