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Court rules for right to work, raps bandh blockade

The call for business as usual on a bandh day is not restricted to the world of information technology (IT), after all.

Taking a cue from the new-age IT companies, public sector oil major BPCL moved Calcutta High Court — setting a precedence of sorts — on Wednesday to ensure a normal working day for its employees keen to defy the Left-sponsored all-India general strike on December 14.

The court ruled in favour of the BPCL plea by banning disruptive activities around two of its installations — the regional head office on Ghulam Mohammed Shah Road and the filling station in Budge Budge.

Citu had to give an undertaking in court that there would be no such gathering within 50 m of the BPCL premises.

“There is an all-India strike on Thursday, which will affect normal conduct of business. We are moving this petition because if there is a right to strike, there is also a fundamental right to work,” advocate Pradosh Chandra Mallik argued, seeking proper administrative measures to keep the strike supporters at bay.

“We are apprehending that our employees will be stopped from joining work at two of our premises and so we are requesting the court to take proper action,” he added.

CPM-affiliated trade union Citu contested the petition with mayor Bikash Ranjan Bhattacharyya arguing the case for the trade union, mobilising support for the strike.

“No one will go inside to enforce the strike… But the supporters can always organise meetings and rallies in support of the strike. The company cannot complain if demonstrations are held outside its campus,” argued Bhattacharyya in the court of Justice Dipankar Dutta.

Mallik explained how such gatherings outside the premises have prevented willing employees from joining work during previous strikes. “Experience suggests that willing employees are stopped outside by those picketing or demonstrating in favour of the strike,” he added.

Chief minister Buddhadeb Bhattacharjee had declared the state’s IT hub a no-picketing zone. The state government has also made it clear that enforcement of strike on willing employees in the IT sector would not be allowed.

But advocate Abha Roy, representing the state government, sided with Citu and pleaded for dismissal of the BPCL petition.

“The company should have approached the administration instead of bringing the matter to the court,” said Roy, questioning the basis of apprehension highlighted by BPCL in its petition.

But Justice Dutta instructed Budge Budge and Jadavpur police stations to ensure no picketing, demonstration or agitation within 50 m of the two premises.

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