Contract workers, fresh law grads helping us function: Calcutta High Court asks State to hold talks with striking employees

The Calcutta High Court on Thursday told the West Bengal government to consider initiating dialogue with its employees so that they could put an end to their strike over pending arrears and get back to work. .A Bench of Acting Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharyya told Advocate General (AG) SN Mookherjee that the Court was finding it difficult to function, as even High Court employees are participating in the strike. "Last time it was on March 16. No one was there and we had to write our orders on our own. Today, we are here because there are contractual employees and even fresh law graduates who are helping us," the ACJ pointed out. The AG, however, pointed out the "financial incapacity" of the State to meet the demands made by the striking employees. .During the hearing, the Court impressed upon the striking employees that this strike would not benefit them in any manner, as the Supreme Court is already seized of the issue of arrears demanded by State government employees.Advocate General SN Mookherjee, however, explained to the Court that the employees are on strike for two major reasons - one for an hike in the Dearness Allowance (DA) rate and the other for pending arrears. He said that the Supreme Court is already hearing the latter issue. In that matter, the State has clarified that it has nothing to pay as arrears.As far as the issue of DA is concerned, the AG clarified that the State in this year's annual budget has hiked the same from 3 per cent to 6 per cent. Despite this, the employees are demanding the DA to be at par with that paid to Central government employees. "We believe that there can be a fresh round of dialogues with the employees. You (State) can sit and speak to them once again. But if your stand is that everything is paid and locked then there obviously would be a logjam," ACJ Sivagnanam observed. .Another advocate pointed out that it has become a regular thing for government employees to go on strike whenever they feel like. "They went on strike in mid March and again now. Can this strike be allowed?" the counsel argued. At this, ACJ Sivagnanam responded, "As long as they are on peaceful strike, it cannot be prevented.".The Bench was informed by the AG that despite the strike, essential services haven't been affected. ACJ Sivagnanam emphasised that there should be some "solution" to restore normalcy. He said,"You (employees) were on strike last month and again now you are on strike. There hasn't been any improvement. The matter is pending before the top court of the nation and no one can make any statement on this. Can't you re-think about the strike? What benefit would be there for your members?"Counsel for the striking employees informed the Court that Chief Minister Mamata Banerjee had made some derogatory comments against them."But for that you have a lot of remedies. In fact, it will go against your own perceived injury to the character. If you think whatever she has said is derogatory or defamatory you have a remedy for that. You just cannot go on a strike like this," the ACJ underscored. The counsel then suggested that the State should sit with the striking employees and negotiate the demands made by them. .The Bench asked AG to consider holding a dialogue with the delegation of the employees. The matter will be next heard on April 13.