HC tells metro staff union not to strike work sans prior intimation

The High Court of Karnataka on Friday directed the Bangalore Metro Rail Corporation Ltd (BMRCL) Employees’ Union not to go on strike without prior intimation to the court during the pendency of the petition, in which the union has questioned the government’s notification of bringing the metro rail services under the provisions of the Karnataka Essential Services and Maintenance Act (ESMA).

Justice L. Narayana Swamy issued the interim direction after hearing an application filed by the BMRCL, which has requested the court to vacate the stay granted last year against the notification, issued on July 2017 by the State government, bringing metro rail services under the ESMA. The BMRCL has filed the application as the union gave a call to employees to strike work on April 28.

When the court pointed out that no purpose would be served if the employees go on strike instead of engaging in talks with the representatives of the BMRCL management as suggested by the court in its March 20, 2018 order, the counsel for the union said that they would not go ahead with strike on April 28 if the BMRCL continues talks with the representatives of the union in a meaningful manner.

It was alleged on behalf of the union that the BMRCL management has not responded to the demands of the union.

Meanwhile, the counsel for BMRCL told the court that it has made all efforts to discuss the issues raised by the union but there are constraints in taking decisions, mainly financial matters, in view of deputation of BMRCL’s top officials for the election duty and as the poll code is in force.

Asking both the union and the BMRCL to sit across table to continue talks in May, the court adjourned further hearing till May 29.