A Division Bench of the Kerala High Court on Wednesday prohibited the indefinite strike called by various employees’ unions in the Kerala State Road Transport Corporation (KSRTC) from October 2.
The Bench of Chief Justice Hrishikesh Roy and Justice A.K. Jayasankaran Nambair passed the interim order on a public interest litigation filed by the Centre for Consumer Education, Pala, challenging the strike call.
The strike was jointly called by the Kerala State Road Transport Employees Association (KSRTEA), Kerala State Road Transport Workers Union (INTUC), Kerala State Road Transport Employees Union (KSRTEU), and the Kerala State Transport Drivers Union.
The court, while passing the interim order, said a copy of the strike notice was given to the conciliation officer. As per Section22(1) (d) of the Industrial Disputes Act, the strike was prohibited during the pendency of the conciliatory proceedings.
The court observed that in the absence of any materials to suggest that the conciliatory officer had concluded the proceedings, it had to be taken that the proceedings had only begun.
Post-flood scenario
The court noted that the State had recently witnessed devastating floods and there was a need for rehabilitation and restoration. At such a time, a strike could not be permitted.
