Bashir Ahmad Dar and Another vs State and Others

We have considered the matter.

Reports as directed vide order dated 12.4.2010 have been submitted. We have perused these reports.

On going through the pleadings and on hearing the learned Counsels, we find a disturbing situation has arisen due to the strike of the employees

in the State, which has today entered into its 8th day. This strike, as is obvious from the reports placed on file, has adversely affected the normal

functioning of the Government. It has created numerous problems for a common man so far as the medical care, education, supply of ration and

other essential services is concerned.

There is no fundamental, legal or statutory right for an employee to go on strike. There is also no moral or equitable justification for the

employees to proceed on strike and go on extending it. Rights of the people as a whole cannot be subservient to the claim, even if genuine, of an

individual or only a section of the people.

Law in this regard is well settled now by the Apex Court in its various judgments. In T.K. Rangarajan Vs. Government of Tamil Nadu and

Others, , relied upon by Mr. Magray, Sr. AAG, it was held that the employees cannot claim that they can take the society at ransom by going on

strike. Even if there is injustice to some extent, as presumed by such employees, in a democratic welfare State, they have to resort to the

machinery provided under different statutory provisions for redressal of their grievances. Strike as a weapon is mostly misused which results in

chaos and total maladministration. Strike affects the society as a whole. In the case of strike by teachers, the entire educational system suffers. In

case of strike by doctors, innocent patients suffer.

In Ex-Capt. Harish Uppal Vs. Union of India (UOI) and Another, , the Supreme Court held that for just or unjust cause, strike cannot be

justified in the preset-day situation. The Court observed that the weapon of strike does more harm than any justice. Sufferer is the society - the

public at large.

While saying so, we expect that the employees who have proceeded on strike should realise that the affect of their strike has caused hardships

to the society at large. They and their family members being part of the society, the present strike causes harm and inconvenience even to them and

their family members. The patients are without medical care. School going children are without any education, common people are without any

ration. The employees must feel the gravity of the situation.

In this background, we feel that the State must take all necessary steps to take a stern legal action against the employees who have proceeded

on strike. Misconduct by the government employees is required to be dealt with in accordance with disciplinary rules.

We find that though the Government has issued circulars and orders directing action against the employees but no substantial and adequate

action has been taken so far in this behalf.

At the same time we may observe that the employees are essential components of the Government machinery. Their role is that of a wheel on

which the Government machinery moves on. We do not want to comment on the genuineness or otherwise of the demands of the employees.

What we expect is that the Government should look into the demands of the employees if found just, provided the employees resume their normal

work. It is expected that the employees also will give up the path of strike and resort to legal means if they feel their demands are genuine.

This Court is mainly concerned about the disruption caused by the strike to the medical care, education, supply of ration etc. in so far as a

common man is concerned. In this behalf we direct as under:

Government should take all necessary steps to ensure proper and regular medical service in Emergency, OPD & IPD in all the Government

Hospitals and Medical Institute. Director, Health Services, Jammu/Kashmir, Principals Medical College, Jammu/Kashmir and Director, Medical

Institute, Soura, Kashmir, shall be personally responsible to ensure proper medical care in the hospitals. They shall adopt all available ways and

means to ensure such a medical service and may in this behalf seek assistance of Red Cross and other such voluntary Organisations also. Mostly

non- gazetted staff are on strike. Principals may keep available the para-medical staff to assist such doctors who feel difficulty in discharging their

duties. It is for the Directors and the Principals to arrange para-medical staff, even if such additional technical staff is to be engaged on contractual

basis. Where there is any grave emergency and the patient's treatment is dependent on medical tests and the same is not possible in the

Government Hospitals it shall be duty of the Hospital Administration to get such test conducted. Services of the Medical College students, Post-

graduate medical students and para-medical students undergoing trainings in Government Institutes may be utilized in such circumstances, if they

have obtained sufficient expertise on the subject and can perform the job properly to the satisfaction of the doctors.

It is stated by Mr. Magray that the teachers have started work in the Schools on voluntary basis. It is a welcome step. Let Director, School

Education, Kashmir/Jammu, and the Director, Colleges ensure proper and regular functioning of the Educational Institutions of the State. They may

in this behalf seek assistance of the private schools who receive grant-in-aid from the Government.

The Director, Consumer Affairs and Distribution Department, Jammu/Kashmir shall ensure proper and uninterrupted supply of ration to all the

ration depots of the city of Srinagar and Jammu, towns and villages of the State. The State Government may avail the services of Police personnel

for prompt and regular distribution of rations to the consumers.

The State shall take all measures to maintain essential services like, electricity, water-supply etc. It is stated by the petitioners that the employees

have given a call for disrupting the power supply. If any such call has been given the Government shall take necessary steps to meet the situation

besides taking legal action against the Employees who have given such a call. The Employees cannot for their cause take the society at ransom.

The Administrators, Municipal Corporation, Jammu/Srinagar and other Municipalities/Local bodies of the State, shall ensure proper sanitation of

the cities and towns and other rural areas and shall take all steps required in this behalf. They may engage the services of private

individual/Institutions for the purpose.

With these directions the petition stands disposed of.

Copies of this order be furnished to the petitioners and Mr. Magray, Sr. AAG.