Disruption of essential services in nationwide strike

Disruption of essential services in nationwide strike

Subject: Polity

Section: MSc

Context: Nationwide strike has disrupted essential services

Concept:

What are Essential Services?

The Essential Services Maintenance Act, 1968 is an Act to provide for the maintenance of certain essential services and the normal life of the community. Essential service as per the aforesaid Act in Section 2(1) (a) means-

1. Any postal, telegraph or telephone service;
2. Any railway service or any other transport service for the carriage of passengers or goods by land, water or air with respect to which Parliament has the power to make laws;
3. Any service connected with the operation or maintenance of aerodromes, or with the operation, repair or maintenance of aircraft;
4. Any service connected with the loading, unloading, movement or storage of goods in any port;
5. Any service connected with the clearance of goods or passengers through the customs or with the prevention of smuggling;
6. Any service in any mint or security press;
7. Any service in any defense establishment of the Government of India;
8. Any service in connection with the affairs of the Union, not being a service specified in any of the foregoing sub- clauses;
9. Any other service connected with matters with respect to which Parliament has the power to make laws and which the Central Government being of opinion that strikes therein would prejudicially affect the maintenance of any public utility service.
10. The public safety or the maintenance of supplies and services necessary for the life of the community or would result in the infliction of grave hardship on the community, may, by notification in the Official Gazette, declare to be an essential service for the purposes of this Act.

(b) “Strike” as defined under the Section 2 (b) aforesaid Act means the cessation of work by a body of persons employed in any essential service acting in combination or a concerted refusal or a refusal under a common understanding of any number of persons who are or have been so employed to continue to work or to accept employment, and includes-

• refusal to work overtime where such work is necessary for the maintenance of any essential service;
• any other conduct which is likely to, result in, or results in, cessation or substantial retardation of work in any essential service.

Can government prohibit strike?

If the Central Government is satisfied that in the public interest it is necessary or expedient so to do, it may, by general or special Order, prohibit’ strikes in any essential service specified in the Order. An Order so made shall be published in such manner as the Central Government considers best calculated to bring it to, the notice of the persons affected by the Order. An Order made shall be in force for six months only, but the Central Government may, by a like Order, extend it for any period not exceeding six months if it is satisfied that in the public interest it is necessary or expedient so to do. Upon the issue of an Order:

• no person employed in any essential service to which the Order relates shall go or remain on strike;
• any strike declared or commenced, whether before or after the issue of the Order, by persons employed in any such service shall be illegal.

Important features of ESA:

Section 4 of ESA Penalty for illegal strikes. Any person who commences a strike which is illegal under this Act or goes or remains on, or otherwise takes part in, any such strike shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to two hundred rupees, or with both.

Section 5: Penalty for instigation, etc. Any person who instigates, or incites other persons to take part in, or otherwise acts in furtherance of, a strike which is illegal under this Act shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.

Section 6: Penalty for giving financial aid to illegal strikes. Any person who knowingly expends or supplies any money in furtherance or support of a strike which is illegal under this Act shall be punishable with imprisonment for a term which may extend to one- year, or with fine which may extend to one thousand rupees, or with both.

Section 7: Power to arrest without warrant. Notwithstanding anything contained in the Code of Criminal Procedure, 1898, any police officer may arrest without warrant any person who is reasonably suspected of having committed any offense under this Act. This Act to override other laws. The provisions of this Act and of any Order issued thereunder shall have effect notwithstanding anything inconsistent there with contained in the Industrial Disputes Act, 1947, or in any other law for the time being in force.