Ordinance Empowering Centre To Prohibit Strikes In Essential Defence Services Comes Into Force

The President of India promulgated Essential Defence Services Ordinance which empowers the Government to prohibit strikes in essential defence services.

The Ordinance, which has come into force yesterday, also provides for dismissal of employees without inquiry for participating in illegal strikes. Participation in such strikes is also made an offence punishable with a jail term. The police officers can also arrest such offenders without warrant.

Essential defence services 

Essential defence services means:

(i) any service in any establishment or undertaking dealing with production of goods or equipment required for any purpose connected with defence;

(ii) any service in any establishment of, or connected with, the armed forces of the Union or in any other establishment or installation connected with defence,

(iii) any service in any section of any establishment connected with defence, on the working of which the safety of such establishment or employee employed therein depends,

(iv) any other service, as the Central Government may, by notification in the Official Gazette, declare to be essential defence services, the cessation of work of which would prejudicially affect the production of defence equipment or goods; or operation or maintenance of or any industrial establishment or unit engaged in production of goods or equipment required for any purpose connected with defence; or repair or maintenance of products connected with defence.

Strike

"Strike" is defined to mean the cessation of work, go-slow, sit down. stay-in, token strike, sympathetic strike or mass casual leave, by a body of persons engaged in the essential defence services, 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 engaged to continue to work or accept employment.

It also includes refusal to work overtime, where such work a necessary for the maintenance of the essential defence services  and any other conduct which is likely to result in, or results in, cessation or retardation or disruption of work in the essential defence services.

Power to Prohibit Strikes In Essential defence services

The ordinance states that the Central Government, by general or special order, prohibit strikes in the essential defence services if it is satisfied that it is necessary or expedient so to do in (a) public interest, or (b) interest of the sovereignty and integrity of India, or security of any State, or (d) public order or (e) decency, or (f) morality. Such an order will be in force for six months. The Government can 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 such an order, no person engaged in the essential defence services shall go or remain on strike and any strike declared or commenced, whether before or after the issue of such order, by persons engaged or employed in such services shall be illegal.

Similarly, the ordinance also empowers the Goverment to prohibit lockouts in any or industrial establishment unit engaged in essential defence services. It can also prohibit lay-off on any ground other than shortage of power or natural calamity, of any a casual workman (other than a badli workman or casual workman) whose name is borne or on the muster rolls of any industrial establishment or unit engaged in the essential defence services.

Dismissal of employees without inquiry for participating in illegal strikes

Any person in, any such strike, or who instigates or incites other persons to commence, or go or remain on, or otherwise take part in, any such strike, shall be liable to disciplinary action (including dismissal) in accordance with the same provisions as are applicable for the purpose of taking such disciplinary action (including dismissal) on any other ground under the terms and conditions of service applicable to him in relation to his employment. No inquiry shall be necessary of the authority empowered dismiss or remove such person is satisfied that for some reason to be recorded by that authority in writing, it is not reasonably practicable to hold such inquiry.

Punishment for for participating in illegal strikes

Any person, who commences a strike which is illegal under this Ordinance 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 one year or with fine which may extend to ten thousand rupees, or with both.

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 Ordinance, shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to fifteen thousand rupees, or with both.

Any person, who knowingly expends or supplies any money in furtherance of a strike which is illegal under this Ordinance, shall be punishable with imprisonment for a which may extend to two years, or with fine which may extend to fifteen thousand rupees, or with both.

Arrest without warrant,  Cognizable and non-bailable offences, Summary Trial

The ordinance also empowers a police officer may arrest without warrant any person who is reasonably suspected to have committed any offence under this Ordinance without warrant. All offences shall be cognizable and non-bailable. All offences under this Ordinance shall he tried tried summarily in a summary way by any Metropolitan Magistrate or any Judicial Magistrate of the first class, specially empowered in this behalf. 

Update: Act notified on 12th August 2021

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