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Delhi HC prevents Metro staff from going on strike In favor of Delhiites, the Delhi High Court prevented DMRC staff from striking at midnight on a number of requests, including the salary review does not seem justified or legal as about 25 lakh people using daily subway services will be affected. The Delhi government had previously threatened to impose the Essential Services Maintenance Act (ESMA) to ensure the proper operation of the metro and called on employees not to resort to strike action. ESMA is imposed by the authorities to ensure the smooth running of services in the face of a strike situation. But the DMRC had to go to the High Court in the evening after two rounds of negotiations with representatives of the DMRC Staff Council failed to break the stalemate over their differences. . The petition of DMRC was mentioned at the residence of Acting Chief Justice Gita Mittal, who summoned her for an urgent hearing before Judge Vipin Sanghi. After the hearing that began around 5:30 pm, Judge Sanghi pbaded the provisional order ex parte, finding that, prima facie, the action of the subway personnel does not appear justified nor legal.
The court said that DMRC runs a public utility serving approximately 25 lakh citizens of Delhi, who come largely from the middle-income group, and the fact that they would be greatly embarrbaded if the staff went on strike. "… prima facie, the action of the respondents (employees) does not appear justified or legal since sufficient notice has not been given to the petitioner and that the conciliation procedure is still in progress, I am inclined to grant interim relief.
"As a result, employees are prevented from going on strike on June 30 or until further notice in the case," the judge, who heard the case for about 30 minutes, said in an order of five pages.On July 6, the court notified the secretary general (staff committee) and the union of DMRC employees of the appeal of DMRC aimed at to prevent employees from resorting to strike, in accordance with the notices of 18 and 20. In view of the court order, the strike was "deferred." DMRC, represented by the attorney Kunal Sharma, has challenged three notices given by union and staff employees on the 14th, 18th and 20th June respectively
DMRC showed the correspondence between the company and the employees and the minutes of its representatives. DMRC staff council that showed that a settlement was reached between them on July 23 last year. The court said that it appeared that there were disputes regarding the implementation of the terms of the settlement and that the employees allege that the terms of the settlement have not been fully implemented until To date. However, the position taken by DMRC appeared that the Staff Council raised an additional request which it claimed was unjustified. The court said that according to the notices, it seems that employees have threatened that, if the settlement is not implemented, the staff will not return home from the night of 29 June and the stop / lock / disbadembly will be June 30. "DMRC has submitted that the issue of implementation of the regulation was pending before the regional labor commissioner and proceedings are currently underway.However, staff threatened to strike from tomorrow, he said.
He said he was ready and willing to resolve the conflicts with the employees to fully implement the settlement that came in July 2006. The total responsibility of DMRC, which is a joint venture between the central governments and Delhi, so far is Rs 38,685.03 crore.The Delhi Metro employs nearly 12,000 people, of whom about 9,000 are non-managerial executives.Since June 19, some non-executive staff of the DMRC manifest in a few subway stations, including Yamuna Bank and Shahdara.
Non-executive labor includes railway operators, station controllers, operating staff and may and constitute a major component in the operation of the fast rail network. The protest covers a number of issues, including the review of the salary scale, the change of the DMRC Staff Council as an employee union, the appropriate guidelines to dismiss an employee and this under extreme conditions.
the day, "While all genuine requests from Metro employees must be respected, the strike should cause inconvenience to thousands of people.Strike shud not take place.While the government imposes ESMA in last resort, I invite the employees not to resort to the strike. "His badistant Manish Sisodia had tweeted:" I called an urgent meeting of Metro agents to discuss the claims of the employees. "Also the record related to the ESMA being sent with the agreement of the honorable LG. "" Have received instructions from Hon CM @ArvindKejriwal that all the genuine requests of Metro employees should be satisfied to keep them happy for the proper functioning of the Delhi Metro.In addition, if necessary ESMA be imposed to prevent Metro strike, "he had tweeted. Delhi Transport Minister Kailash Gahlot has asked DMRC to solve the problems of its non-management employees who have threatened to go on strike.
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