Kerala HC Stays GO Granting 'Eligible Leave' To Employees During Nationwide General Strike [Read Order]
"There cannot be a blanket order by the Government by which the employees would be made to feel that the strike was legal and justified."
The Kerala High Court has stayed a Government order which accorded to grant eligible leave/casual leave to the Government employees and teachers who had not attended their offices during the nationwide general strike called on 8th and 9th January 2019.
G Balagopalan, a lawyer had approached the High Court by filing a Public Interest Litigation contending that participation in general strike should not be encouraged and be treated as a condonable activity by the Government.
Though the Government pleader tried to defend the notification on the ground that it was issued taking into account the Government employees who could not attend the duty on those days due to various exigencies, the bench comprising Justice Hrishikesh Roy and Justice AK Jayasankaran Nambiar proceed to stay the order and observed:
"According to our prima facie opinion, the strike in question was not a legally permissible one. Even if the strike was legal and justified, there cannot be a blanket order by the Government by which the employees would be made to feel that the strike was legal and justified and that those employees who failed to turn up for work are entitled to eligible leave including casual leave."
The bench also directed the Government to file response to the petition.