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HC order on striking staff raises eyebrows
The High Court’s ex parte interim order asking the RTC employees to return to duty has raised many a questions about the legal niceties involved in it. According to senior advocate Sudhakar Reddy, the interim order is not the end of the road for workers’ unions. It will become binding on them as and when the ‘order warrant’ is served on them.
Hyderabad: The High Court’s ex parte interim order asking the RTC employees to return to duty has raised many a questions about the legal niceties involved in it. According to senior advocate Sudhakar Reddy, the interim order is not the end of the road for workers’ unions. It will become binding on them as and when the ‘order warrant’ is served on them.
President of Visakhapatnam Bar Association J Prithvi Raj also gave The Hans India similar opinion. He said as of now they could continue with the strike and they would not attract proceedings for Contempt of Court. He said as per Rule 39 (1) and (2) of the Civil Procedure Code (CPC), the court had to serve the order on them first before it would become mandatory for them to call off the strike.
According to Krishnaiah, advocate for the petitioner, the plea by RTC unions that they had gone on strike only after serving prior notice was not tenable, as the High Court had every right to interfere in public interest. “Even if the High Court finally pronounces that their strike as legal, the RTC unions will have to abide by the interim order till the final judgment is delivered,” Krishnaiah said.
The petitioner C L Venkat Rao said that the interim order would have become binding on them with immediate effect even without the order copy being served on them if the RTC unions were respondents and if they had participated in the arguments. But in this case he had only moved a PIL, he said.
