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2017 (10) TMI 1606 - BOMBAY HIGH COURTConstitutional Validity of strike by the employees of the State Transport Corporation - seeking direction to employees of the State Transport Corporation to resume their duties forthwith - whether this Court in its writ jurisdiction under Article 226 of the Constitute of India is empowered to hold the strike of the employees of the Corporation was illegal when admittedly the issue is subjudice before the Court of the competent jurisdiction? - HELD THAT:- It is not in dispute that the Respondent-Union indeed undertakes public utility service which is so evident from the large network it has and the fact that it serves 7 million passengers daily on 13,700 routes across the State in 16,500 buses. Therefore, besides validity of the Notification issued by the State declaring Corporation renders public utility service, the facts of the case clearly discloses that because of the strike by the employees of the Corporation, life of people in the rural areas has heavily disturbed and virtually come to stand still. Judicial notice can be taken of the fact that private transport operators do not ply their buses on the every route and as such, there are no transport facilities available in the interior parts of the State except that of State Corporation. Judicial notice can also be taken of the fact that since last four days, the commuters, children, patients, handicapped persons, senior citizens are facing immense difficulties and as such, transport system in the rural parts of the State has collapsed to the considerable extent. In this case, it was suggested to the union of Employees that the high-powered Committee will look into the grievance of the petitioner afresh and would also consider the interim hike in the pay within three weeks from the constitution of the Committee. It was suggested that the high-powered Committee would submit a report within two months - It was suggested to the Union that, in the given circumstances, it would be in the interest of all stakeholders and parties to participate in the negotiations with the high-powered Committee and arrive at an amicable solution. All these suggestions were not accepted by the Union. The Corporation is state within the meaning of Article 12 of the Constitution and thus, its employees stand on same footing as of that Government servants. That since the services of the Corporation are in the nature of public utility and since the strike has caused immense inconvenience to the rural population and since the respondent, Union is not willing to have a resort to the machinery provided by the State i.e. constitution of high-powered Committee and also by taking into consideration the law laid down by the Supreme court in the case of T.K. Rangarajan [2003 (8) TMI 581 - SUPREME COURT], this Court is of the view that the strike by the employees of the State Transport Corporation of Maharashtra is, prima-facie, illegal - the strike by the employees of the State Transport Corporation is hereby declared illegal. Application disposed off.
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