In the matter of Prevention of Recurrent Strikes Organized by various Government/Non Government Unions/Organizations vs State of Uttarakhand And Another

Manoj K. Tiwari, J.

Rajiv Sharma, ACJ. (Oral)

We have taken cognizance of a letter, highlighting therein, the tendency of the employees of the State of Uttarakhand to resort to strikes without

any genuine cause. The strike causes inconvenience to the general public at large. The indiscriminate strikes impede the growth of the State.

Thousands and thousands of persons are put to inconvenience during the period of strikes.

We can take judicial notice of the fact that teachers are also resorting to strikes in the State of Uttarakhand vitiating the academic atmosphere. The

more alarming is the factum of the Doctors and the paramedical staffs going on strikes, putting the life of thousands of citizens at peril. According to

the statement made by learned Chief Standing Counsel, the employees of the Electricity Department as well as Corporation including all the public

undertakings, owned and controlled by the State Government, are also resorting to indiscriminate strikes. Resorting to strike by the employees of

Electricity Department, including other Corporations, puts the larger segment of society to innumerable difficulties. The medical health services,

electricity, water as well as transportation fall within the ‘essential services’. These are to be maintained at every cost. The employees, though,

do have a right of collective bargaining, but within the parameters of law. They cannot be permitted to be on strikes perpetually.

The State Government has taken a wise step to frame the Rules called the Uttar Pradesh (Recognition of Service Associations) Rules, 1979

notified on 02.06.1979. The State of Uttarakhand has adopted these Rules in entirety. Rule 4 provides for the conditions to be followed by recognized

Services Associations. Rule 4 (n) and (o) of the said Rules are extracted below:-

(n) The Service Association shall not urge, exhort, incite, stir up or assist and aid its members to go on strike or to adopt ‘go slow’ tactics or any

other method with a view to disturb of obstructing the normal and smooth functioning of Government work;

(o) that the Service Association shall not directly or indirectly indulge in any act so as to intimidiate or obstruct or prevent any Government servant

from attending office or carrying his official duties.

Rule 6 provides for the conditions for recognition of Federation. Rule 7 provides for the conditions for recognition of Confederation. Rule 8 provides

for withdrawal of recognition of Associations/ Federations/Confederations.

Since, the employees have been given right to form federations and confederations, they also have a corresponding duty to maintain the essential

services.

Learned Advocate General has drawn the attention of this Court to the Uttar Pradesh Essential Services Maintenance Act, 1966 (hereinafter

referred to as ‘Act of 1966’), as applicable to the State of Uttarakhand. Sub-section

(a) and (b) to Section 2 of the Act of 1966 defines as under:â€

(a) “essential serviceâ€​ means-

(i) any public service in connexion with the affairs of the State of Uttar Pradesh;

[(ii) any service under an educational institution recognised by the Director of Education, or by the Board of High School and Intermediate Education,

Uttar Pradesh, or service under a University incorporated by or under an Uttar Pradesh Act including any affiliated college, associated college,

autonomous college, constituent college or Institute of any such University;]

(iii) any service under a local authority ;

(b) ""strike"" means any cessation of work (including any unauthorised absence from duty) 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;

[(iv) any service in connection with the U.P. State Co-operative Land Development Bank or any other State Level Co-operative Society, mentioned in

clause (a-4) of Section 2 of the Uttar Pradesh Co-operative Societies Act, 1965, or its member cooperative societies, registered under the said Act;

(v) any service in connection with any Government Company, in which not less than fifty-one per cent, paid-up share capital is held by the State

Government, or other statutory body (by whatever name called) established or constituted by or under any Uttar Pradesh Act;

(vi) any other service connected with matters with respect to which State Legislature has power to make laws and which the State Government, being

of opinion that strikes therein would prejudicially affect the maintenance of any public utility service, the public safety or the maintenance of supplies

and services necessary for the life of the community or would result in the infliction of great hardship on the community, may, by notification declare

to be essential service for the purpose of the Act.]

Section 3 empowers the State to prohibit in certain employment, which reads as under:-

Power to prohibit strikes in certain employments. - If the State 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.

(2) An order made under sub-section (1) shall be published in such manner as the State Government considers best calculated to bring it to the notice

of the persons affected by the order.

(3) An order made under sub-section (1) shall be in operation for six months only, but the State 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.

(4) During the period of operation of an order under sub-section (1), any strike by persons employed in any essential service to which the order relates

shall, whether it is declared or commenced before or after the commencement of the order, be illegal.

Section 4 imposes penalty for illegal strikes, which reads as under:-

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 five hundred

rupees or with both.

It is the duty cast upon the State Government to ensure that there is no indiscriminate strike by the employees of the State Government, Public

undertakings owned or controlled by the State of Uttarakhand to maintain calm and peace in the State. The delivery of essential services cannot be

permitted to be affected.

However, at the same time, it is also the duty of the State to redress the genuine grievances raised by the employees from time to time.

Accordingly, we dispose of the writ petition at the admission stage by issuing the following directions:-

A. No employees in the State of Uttarakhand, serving under the State Government as well as Public Undertakings including Local Authorities, shall

resort to illegal strike. We direct the State Government to invoke Section 3 of Act of 1966 as adopted by the State of Uttarakhand to prohibit strikes in

certain employments by way of publication including Education, Public Health, Transport Service, Public Works Department, Irrigation Department,

Revenue Department etc.

B. The State Government is authorized to withdraw the recognition of service association in case the employees resort to illegal strikes.

C. We direct the State Government to impose penalty, as provided under Section 4 of the Act, on any person, who goes or otherwise takes part in any

illegal strike.

D. The employees cannot hold the entire system to ransom. The employees, who resort to illegal strikes, are not entitled to salary. It shall be open to

the State Government to order break-in-service of the employees resorting to illegal strikes. The period of willful absence can also be declared as dies

non.

E. We also make it abundantly clear that in the case of illegal strike, it shall be open to the State Government to invoke ‘No work No Pay’

principle in the larger public interest.

F. All the Service Association Federation shall not go on illegal strikes or go slow practice with a view to disturb or obstruct the smooth functioning of

the Government.

G. Members of the Service Essentials are directed not to indulge directly or indirectly in any act so as to intimidate or obstruct or prevent any

Government servant from attending office or carrying his official duties.

H. The State Government is directed to constitute Redressal Grievance Committees presided over by the Secretary, Head of Department of the

respective Department with one nominee of the recognized Association/Federation/Confederation, to address the genuine grievance(s) of the

employees, within eight weeks from today. This Committee shall meet after every 3 months.

All pending applications stand disposed of accordingly.