Source – newindianexpress.com<\/p>\n\n\n\n
HYDERABAD: A division bench of the Telangana High Court on Tuesday contemplated forming a high-power committee comprising three former Supreme Court judges to help end the standoff between the RTC unions, the corporation management and the state government. The bench directed the state advocate general to inform it of the government\u2019s stand on the proposed panel by Wednesday.<\/p>\n\n\n\n
Meanwhile, senior counsel D Prakash Reddy, appearing for the trade unions, said the unions would reconsider their decision to continue with the strike, if the proposed panel was constituted to end the dispute.<\/p>\n\n\n\n
\u201cAs a last resort in our endeavour to bring all three parties… to the negotiation table, this court suggests that a committee consisting of three former Supreme Court judges be established, who would be requested to try to reconcile the parties. Once this suggestion was made by the petitioner\u2019s counsel, this court requested the advocate general to seek instructions from the government,\u201d the bench, comprising Chief Justice Raghvendra Singh Chauhan and Justice A Abhishek Reddy, said.<\/p>\n\n\n\n
\u201cThis court hopes a minimum 0.001% positive results will emanate from the yet-to-commence reconciliation proceedings, to be taken up by the proposed high power committee,\u201d it added.<\/p>\n\n\n\n
Amicus curiae G Vidya Sagar submitted that as per a Supreme Court judgment, high courts cannot decide whether a strike resorted to by workmen is illegal. The appropriate forums are the labour courts, and as per a GO issued by the erstwhile Andhra Pradesh government in 1980, the RTC falls under the category of ESMA, 1971, and the same can be made applicable to the striking staff, he added. After perusing the GO, the bench said it is only applicable to the APSRTC, and the TSRTC is a new entity.<\/p>\n\n\n\n
When the petitioners\u2019 counsels sought constitution of an independent committee to look into the issue, the bench said that as a last resort to bring all parties concerned to the negotiation table, it proposes to form a panel with three former Supreme Court judges. The court hoped that the voice of the proposed committee would carry prominence.<\/p>\n\n\n\n
Welcoming the proposal, senior counsel Prakash Reddy said the unions would reconsider their decision to continue the strike if the panel is constituted. Even Section 10(A) of the Industrial Disputes Act, 1947 mandates the same solution i.e. arbitration, he added.<\/p>\n\n\n\n
Meanwhile, advocate general (AG) BS Prasad said the conciliation proceedings held by the conciliation officer in October brought no fruitful results since the trade unions went ahead with the strike from October 5 by walking out of the conciliation proceedings.<\/p>\n\n\n\n
Not satisfied with the AG\u2019s submission, the bench referred to Section 10(A) of the Industrial Dispute Act, which mandates arbitration. The bench said that this time, the court would not request the government and other parties concerned, but direct them to appear before the committee and participate in the negotiations.
The bench was dealing with a batch of petitions filed seeking to declare the ongoing RTC strike, which commenced from early hours of October 5, as well as the action of the official respondents in not considering the demands of the employees and thereby not resolving the issue in pursuance of strike notice issued by the latter as equally arbitrary, illegal and unconstitutional. The matter has been posted to Wednesday for further hearing.<\/p>\n\n\n\n
EPFO notice to TSRTC<\/strong> KCR holds meeting on govt\u2019s next steps May end strike after panel is set up: Unions
The the Employees\u2019 Provident Fund Organisation has issued a prosecution notice to the TSRTC for failing to obtain PF code though it had it been inco-rporated as a separate entity<\/p>\n\n\n\n
Chief Minister K Chandrasekhar Rao on Tuesday held a review meeting with officials and reportedly discussed the government\u2019s stance on the RTC strike to be presented in court on Wednesday. Though Rao has frequently been holding review meetings with Transport Minister Puvvada Ajay Kumar and other senior officials ever since the RTC staff went on strike on October 5, the details of these meetings have not been given to the media since the government had to indicate its stand to the court. The state government has already decided to approach the Supreme Court in case the final order of the Telangana High court goes against it<\/p>\n\n\n\n
If the proposed committee of three former Supreme Court judges was formed to end the impasse, the unions would reconsider their decision to continue with the strike, senior counsel D Prakash Reddy, appearing for the trade unions, told the Telangana High Court. Even Section 10(A) of the Industrial Disputes Act, 1947 mandates the same solution i.e. arbitration, he added.<\/p>\n