MR. JAYANT BHAGWANTRAO SATAM & ORS. Vs. STATE OF MAHARASHTRA AND ORS.
LAWS(BOM)-2017-10-231
HIGH COURT OF BOMBAY
Decided on October 20,2017

Mr. Jayant Bhagwantrao Satam And Ors. Appellant
VERSUS
State of Maharashtra And Ors. Respondents

JUDGEMENT

Sandeep K. Shinde, J. - (1.) In these PILs, the petitioners are seeking declaration that the strike by the employees of the State Transport Corporation is "illegal and unconstitutional" and seek mandatory relief, to direct the employees of the State Transport Corporation to resume their duties forthwith.
(2.) The petitioners would contend that, the strike has caused immense inconvenience to the residents of the State of Maharashtra and has largely affected the day-today life of the rural population. The petitioners have contended that, strike was resorted to in the festival of Diwali which has arrested the mobility of the population in the rural area in the State. It is further contended that, though the State is a stakeholder and has control over the Corporation, it has not taken notable efforts to resolve the issues for last more than four days for one reason or another not known to them. It is contended that, the so called passive attitude of the State is aggravating the situation across the State causing immense inconvenience to children, senior citizens, daily commuters. It is contended, there is no alternative infrastructure and/or commuting facility available in the rural area of the State. It is contended that the private transporters are exploiting the situation in absence of a proper and effective regulating authority. It is contended, on several routes no private transport facility is also available which has isolated the population of that area from the rest of the world. That in these circumstances, the petitioners would contend that, the State being the final Controlling Authority in terms of the provisions of Section 34 of the Road Transport Corporation Act, the State may be directed to resolve this burning issue by evolving some mechanism. It is contended by the petitioners, that negotiations by the Union Leaders with the Committee over the last five days has not fructified and as such unless the State intervenes effectively, the issue is not likely to be resolved.
(3.) The MSRTC was established by the State Government of Maharashtra as per the provisions of Section 3 of the Road Transport Corporation Act, 1950. The website shows the Corporation ferries seven million passengers daily on 13,700 routes through/in 16,500 buses. It serves routes to towns and cities within Maharashtra and adjoining states. Looking at the large network of the Corporation in terms of the routes on which it serves a service rendered by the Corporation is indispensable.;


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