Essential Defence Services Bill, 2021

Strikes have been practically outlawed now in Indian ordnance factories.

 Essential Defence Services Bill, 2021

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• The story: The government introduced the Essential Defence Services Bill, 2021 in Lok Sabha, in July monsoon session. It seeks to replace the ordinance issued in June 2021 and prohibits any agitation and strike by anyone engaged in the essential defence services.
• Points to note: What are 'Essential Defence Services'? It includes any service in any establishment or undertaking dealing with production of goods or equipment required for defence related purposes or any establishment of the armed forces or connected with them or defence. It also includes services that, if ceased, would affect the safety of the establishment engaged in such services or its employees. The government may declare any service as an essential defence service if its cessation would affect the:

Production of defence equipment or goods
Operation or maintenance of industrial establishments or units engaged in such production
Repair or maintenance of products connected with defence

• Defined "strikes": It is defined as cessation of work by a body of persons acting together, which includes:

Mass casual leave
Coordinated refusal of any number of persons to continue to work or accept employment
Refusal to work overtime, where such work is necessary for maintenance of essential defence services
Any other conduct which results in, or is likely to result in, disruption of work in essential defence services

• Prohibition on strikes, lock-outs, and lay-offs: The government may prohibit strikes, lock-outs, and lay-offs in units engaged in essential defence services. It may issue such an order if necessary in the interest of sovereignty and integrity of India, security of any state, public order, public, decency and morality.
• Punishment:

1. Illegal Lock-Outs and Lay-Offs - Employees violating the prohibition order through illegal lock-outs or lay-offs will be punished with up to one year imprisonment or Rs 10,000 fine, or both.
2. Strikes - Persons commencing or participating in illegal strikes - Up to one year imprisonment or Rs 10,000 fine, or both. Persons instigating, inciting, or taking actions to continue illegal strikes, or knowingly supplying money for such purposes- Up to two years imprisonment or Rs 15,000 fine, or both. Such an employee will be liable to disciplinary action including dismissal as per the terms and conditions of his service. In such cases, the concerned authority is allowed to dismiss or remove the employee without any inquiry, if it is not reasonably practicable to hold such inquiry. All offences punishable will be cognisable and non-bailable. Cognisable offences are those that require an immediate arrest.
3. Public Utility Service - It will amend the Industrial Disputes Act, 1947 to include essential defence services under public utility services. The undertakings which supply the basic necessary services such as electricity, water, gas, power, transport etc. comes under the purview of the public utility services.

• Right to Strike: The "Right to strike" is recognized globally. Article 19(1) the Constitution of India guarantees the protection of certain freedoms as fundamental rights such as:

       Freedom of speech and expression
       Assemble peaceably and without arms
       Form associations or unions
       Move freely throughout the territory of India
       Reside and settle in any part of the territory of India
       Practise any profession, or to carry on any occupation, trade or business

• However, strike is not expressly recognized in the Constitution of India. The Supreme Court settled the case of "Kameshwar Prasad v. The State of Bihar 1958" by stating that strike is not a fundamental right. Government employees have no legal or moral rights to go on strikes. India recognized strike as a statutory right under the Industrial Disputes Act, 1947.
• Industrial Disputes Act 1947: It defines public utility service and strike, it also puts certain prohibitions on the right to strike. It provides that no person employed in public utility service shall go on strike in breach of contract - (i) Without giving the employer notice of strike within six weeks before striking, (ii) Within fourteen days of giving such notice, (iii) Before the expiry of the date of strike specified in any such notice as aforesaid.

 

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