The Uttarakhand High Court has directed that the private respondents and all others, who are engaged in maintenance of cleanliness and hygiene in the towns of Haldwani and Kathgodam, should return to work forthwith and immediately clear all the garbage from the towns without any delay.
The Division Bench of Chief Justice Vipin Sanghi and Justice Manoj Kumar Tiwari disposed of a Public Interest Litigation (PIL) raising the issue of strike of the employees of Nagar Nigam, who are engaged in providing municipal services for cleaning of the towns.
It was clarified by the Court to Dr. Udyog Shukla (Counsel for Private Respondents) that the municipal employees of Nagar Nigam, Haldwani and Kathgodam cannot hold the municipal functioning of the said Nagar Nigam to ransom by going on strike, since they discharge an essential service.
Dr. Shukla submitted that a memorandum was signed between the Union of workers and the Nagar Nigam, with regard to revision of the daily wages of Safai Karamcharis, who are working on daily wages, to Rs 500 per day. However, the same has not been given effect to till date.
After taking instructions from private respondents, Dr. Shukla stated that the Union has called off the strike forthwith. He, however, submitted that the grievance with regard to payment of Rs 500 per day to the daily wagers should be addressed.
Ashish Joshi, who appears for the Nagar Nigam, submitted that the present revenues of Nagar Nigam are insufficient to meet the additional financial burden, which would fall on the Nagar Nigam, if daily wagers were paid Rs 500 per day.
He submitted that the said proposal has been sent by the Nagar Nigam to the State Government for its approval. He submits that if the employees of Nagar Nigam, who are engaged in providing municipal services for cleaning of the towns, render their services efficiently in association with the Baini Sena, the revenue generation of the Nagar Nigam will also increase, which will enable the payment of additional daily wages to the workers.
Dr. Udyog Shukla, on instructions, states that Safai Karamcharis shall cooperate with the Baini Sena in discharge of their functions.
“The private respondents shall remain bound by their aforesaid statements made through their counsel. Any contravention of the same shall be viewed seriously by the Court’, the court ordered and further directed the State of Uttarakhand to also examine the grievance raised by the private respondents, and remedy the same at the earliest and in a reasonable way.