M R PATIL Vs. MEMBER INDUSTRIAL COURT

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against the judgment and order dated April 26, 1996 of the Bombay High Court (Nagpur Bench) in W. P. (Crl.) No. 167 of 1995 (reported in 1996 Lab IC 2392) whereby it rejected the writ petition filed by the two appellants before us. Facts leading to this appeal and relevant for its disposal are as under.

(3.) At all material times the appellant No. 1. who is an Officer of the Indian Administrative Service, was holding the post of the Vice-Chairman-cum-Managing Director of Maharashtra State Road Transport Corporation (Corporation for short) on deputation and appellant No. 2 was the Manager of its Nagpur region. On or about April 1, 1992 two recognised Workers Unions of the Corporation gave a joint notice terminating their earlier settlement with the Corporation and submitted their fresh character of demands. On the failure of the management of the Corporation to attend to their demands the Unions so served a notice upon the former intimating that the workers would go on strike from the midnight of April 12/13, 1993. A similar notice was also given by The Maharashtra S. T. Chalak Wahak Sanghatna, the respondent No. 2 herein, (hereinafter referred to as the Union). In view of the threatened strike the Chief Minister of Maharashtra intervened into the matter; and on April 9, 1993 declared an interim relief of Rs. 25 crores to the workers and asked the Corporation to work out the modalities of its payment. Accordingly, the Corporation held discussions with the recognised Unions and decided upon the mode of payment of the interim relief, pending final settlement. After obtaining approval of the State Government to the same the Corporation issued a circular on June 25, 1993 and started making payments in terms thereof.