govt-employees-can-t-hold-strikes-j-k-s-power-dept-warns-workers

The Power Development Department (PDD) of Jammu and Kashmir on Tuesday, gave a warning to its employees against organising protests or resorting to strikes, referring to government directives, service regulations, and a Supreme Court ruling. The department then termed the protests 'illegal'. 

 

In the instructions issued, PDD cited, "It has come to notice that some employees are resorting to demonstrations and strikes in favour of certain assumed demands, which is illegal." 

 

Citing the government instructions, J&K Government Employees (Conduct) Rules, and ruling of the Supreme Court for dealing with such issues, the circular said it is underlined that no government employee shall resort to or in any way abet any form of strike in connection with any matter about his service or the service of any other government employee. 

 

It then mentioned that the Jammu and Kashmir Civil Services (Recognition of Service Association) Rules, 1995, issued by the General Administration Department restrict the gazetted officers from making associations. 

 

“These rules further provide that recognition of the Service Associations already registered can also be withdrawn if the government is satisfied that such association is violating the service conduct rules or is not fulfilling the conditions laid down in the rules,” it said. 

 

The circular also mentioned the General Administration Department’s communication issued last year, warning the government employees to desist from uncalled demonstrations and strikes, which constitute an act of serious indiscipline and misconduct. 

 

Quoting a ruling by the Supreme Court in a case titled T K Rangarajan Vs Government of Tamil Nadu, the circular instructions read that the employees have no fundamental, statutory, or moral right to resort to strike as there is no law regarding it, and also, according to various service and conduct rules, they are prohibited to go on a strike. 

 

“A strike is a powerful weapon. It affects society as a whole and the government employees cannot go on a strike affecting society... Government employees cannot claim that they can take the society at ransom by going on strike,” it said. 

 

“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,” it said. 

 

The circular has warned that employees who intend to go on strike or demonstrations or those found organising such demonstrations shall be dealt with strictly as per law.