Sanitation workers to end stir on Patna HC order

PATNA: In a major respite to the residents reeling from stinking garbage on the streets, the striking sanitation workers of urban local bodies in the state have agreed to call off their strike and return to work on the Patna high court’s directive on Tuesday. The court, on the other hand, has asked the state government to consider their demands and take necessary decisions in eight weeks.
A division bench of Chief Justice Sanjay Karol and Justice S Kumar said the sanitation workers would resume their duties immediately.In the meantime, the state government should take the decision on their 12-point charter of demands within eight weeks as per the undertaking received from the advocate general representing the state government.
“Let the decision taken by the state government on the demands of the employees be placed through an affidavit of the principal secretary, Urban Development and Housing Department, Government of Bihar,” the court ordered while hearing the joint petition on Tuesday. The next hearing will be held on October 21.
Advocate general Lalit Kishore stated that the issues highlighted by the sanitation workers and their unions shall be dealt with and decision taken, as per law, positively within eight weeks from Tuesday. He further stated that before taking any final decision, opportunity of hearing shall be afforded to the representatives of the employees and their union in the application.
Senior counsel Yogesh Chandra Verma, representing the union of sanitation workers, highlighted their grievances which prompt them to go on an indefinite strike. He said the state government may consider releasing certain payments which undisputedly are due and admissible to the employees.
Learning about the dues, the court said there was no reason as to why the employees must not get their dues within time. Further, the division bench directed that dues which are undisputedly admissible and payable must be released to the employees as early as possible, but not later than one week.
Verma also said the state government should not proceed with the policy of outsourcing. On this, the court said none can have any grievance with the policy decision of the state government unless, of course, it is manifestly arbitrary or illegal. “It is always open to judicial scrutiny in an appropriate proceeding. However, we clarify that till such time the decision is taken by the state government on the employees’ representation, their services shall not be dispensed with,” the judges remarked.
The senior counsel also pointed out that during the strike, the state government has taken disciplinary action against 200 employees and services of majority of such employees stand dispensed with.
The advocate general, however, told this newspaper that the court has ordered that if the employees were removed simply because of strike, then their services will be restored by the employer/the municipal body/state government. “However, if such employees had indulged in penal or criminal offence or vandalised the property, then they will face the disciplinary action as per the court’s order on my submission,” he said.