A division bench of Justices Dhananjay Chandrachud and S C Gupte expressed its dissatisfaction with the way the union had given the call even as the HC was to hear a PIL on fare hike. "Such an attempt is akin to showing distrust in the judicial system," the judges said, adding if anyone tried to take the law into their own hands, the HC would not hesitate to step in to uphold the dignity of the law.
The judges said it would have been easier for the union to move the court in case of any grievances. Even as the high court was dictating its injunction order, the auto union's counsel E P Bharucha informed it that the MAU had decided to withdraw its strike call.
"The call for strike when the matter was subjudice was noting but criminal contempt, said advocate Uday Warunjikar, counsel for the Mumbai Grahak Panchayat, which had filed the PIL as well as an application against the strike. During the hearing, advocate general Darius Khambata told the court that the state had geared up to tackle the strike. "We will invoke the provisions of the essential commodities law and even pass a rule under the Motor Vehicles act to allow private vehicles to carry commuters," said the advocate general. Khambata further said that the state had held discussions with BEST traffic police and state transport to press into service extra buses and make appropriate traffic arrangements if the union went ahead with the strike. The state said that it would hold a meeting with the unions and consumer organisations on the issue of fare hike and other grievances.
At a media conference later on Tuesday evening, union leader Sharad Rao said he will not go ahead with the three-day auto strike from August 22 to 24, but clarified that he has "not withdrawn his list of demands which includes a fare hike of Rs 2 (from Rs 15 to Rs 17) on minimum fare."
"We have decided to defer our agitation/strike and will decide on the future course of action at a latter date," he said. He stated that the union will continue to fight for the same list of demands, which also includes opposing the 16-year-old rule for phasing out autos and demanding more permits for existing badge holders.
"Principal Secretary (transport) Shailesh Sharma has called us for talks on Wednesday and we will submit our list of demands to him," he said. He alleged that chief minister Prithviraj Chavan was "favouring" some of his rival unions, such as the one led by Thampy Kurien, and turning a blind eye to his union's demands. "Kurien's union has hardly 100 members, when our union represents more than 69,000 auto drivers in Mumbai region," he alleged.
He further stated that his union had previously declared an agitation/strike in June this year, but subsequently withdrawn the call after state transport ministry assured to look into his demands. "But it was just an eyewash and they failed to fulfill our demands,'' he alleged, holding the CM responsible.
Kurien said that the CM has agreed to look into the demands of auto drivers and Rao was making "baseless allegations".
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