ESMA case: HC gives union one week to file objections

The high court granted a week's time to the general secretary of the BMRCL employees union to file objections in response to the interlocutory application (IA) filed by the BMRCL seeking directions to vacate the stay granted by the court on invocation of the Essential Services Maintenance (ESMA).

Justice L Narayana Swamy stated that the stay will continue until the next date of hearing.

On November 7, 2017, the high court had issued an interim stay on the BMRCL's decision to extend provisions of the ESMA 2013 Act to employees who went on strike on July 7.

The IA states that the union may indulge in stopping the Metro trains and the strike will cripple the transport mechanism of the city causing huge inconvenience to commuters. The strike is not in the interest of the city and therefore, it is all the more essential to enforce the ESMA.

The union plans to go on an indefinite strike from March 22 following the breakdown of talks with the BMRCL over several demands, including higher wages and greater recognition for the union.

The BMRCL had earlier threatened to invoke the ESMA to thwart the proposed strike, but it later decided against the move.

The court adjourned the matter for hearing to March 20.