Fear of judicial whip ends govt employees' strike
Government offices are not rest houses for the employees. Government servants cannot act like masters of public."
TNN | Sep 16, 2017, 10:34 IST
CHENNAI: In the end, it was fear of the judicial whip that did the trick. The week-long strike by various government employees unions, demanding wage revision and old pension scheme, was withdrawn on Friday, and staffers returned to offices by 2pm, after the Madras high court made it known it would crack the whip if the strike was not called off immediately and unconditionally.
A bench of Justice K K Sasidharan and Justice G R Swaminatha, which had on September 7 restrained JACTO-GEO from going ahead with the proposed strike, said: "The indefinite strike paralysed the administration. The employees on strike are not permitting the public to visit the collectorate and other government offices. These premises are virtually under the control of employees who treat it as if it is their private property.
"They have no right to remain at the government office day and night, and make it their abode. Government offices are not rest houses for the employees. Government servants cannot act like masters of public."
The bench was passing orders on a contempt petition that was filed seeking action against the association office-bears who had wilfully violated the injunction orders of the court and continued their strike.
Justice Sasidharan, writing the judgment for the bench, listed a number of apex court verdicts to drive home the point that there was no fundamental or legal or statutory right for anyone to go on strike, and that a constitutional court had ample jurisdiction to grant declaratory relief in matters like this.
The bench initially gave counsel for the association 15 minutes to consult the officebearers and inform the court of their stance. When counsel returned and said they would like to convene the general body meeting to announce their decision, the bench rejected the argument saying in view of the injunction order granted by the court on September 7 itself, there was no question of taking the general body's permission for withdrawal of the strike.
After the judges said the court would see that its orders were enforced, the association agreed to suspend the strike with a request that the settlement proceedings be initiated.
LATEST COMMENTExcellent judgement. Great work by the court. The Govt employees cannot make public sub seventh to them. They are there to serve people and implement Govt orders.qrst asdd
The bench then directed the Tamil Nadu chief secretary to take up the issue with the government, and said it must address the various issues raised by the employees and submit its views to the court on September 21. Noting that it hoped the government would approach the issue with an open mind in view of unconditional withdrawal of the strike, the judges pointed out that the employees' associations had agreed to resume work on Friday itself.
"We, therefore, direct the employees, including teachers, who have been on strike, to report to duty immediately, and in any case by 2pm on Friday," said the bench.
TNN | Sep 16, 2017, 10:34 IST
CHENNAI: In the end, it was fear of the judicial whip that did the trick. The week-long strike by various government employees unions, demanding wage revision and old pension scheme, was withdrawn on Friday, and staffers returned to offices by 2pm, after the Madras high court made it known it would crack the whip if the strike was not called off immediately and unconditionally.
A bench of Justice K K Sasidharan and Justice G R Swaminatha, which had on September 7 restrained JACTO-GEO from going ahead with the proposed strike, said: "The indefinite strike paralysed the administration. The employees on strike are not permitting the public to visit the collectorate and other government offices. These premises are virtually under the control of employees who treat it as if it is their private property.
"They have no right to remain at the government office day and night, and make it their abode. Government offices are not rest houses for the employees. Government servants cannot act like masters of public."
The bench was passing orders on a contempt petition that was filed seeking action against the association office-bears who had wilfully violated the injunction orders of the court and continued their strike.
Justice Sasidharan, writing the judgment for the bench, listed a number of apex court verdicts to drive home the point that there was no fundamental or legal or statutory right for anyone to go on strike, and that a constitutional court had ample jurisdiction to grant declaratory relief in matters like this.
The bench initially gave counsel for the association 15 minutes to consult the officebearers and inform the court of their stance. When counsel returned and said they would like to convene the general body meeting to announce their decision, the bench rejected the argument saying in view of the injunction order granted by the court on September 7 itself, there was no question of taking the general body's permission for withdrawal of the strike.
After the judges said the court would see that its orders were enforced, the association agreed to suspend the strike with a request that the settlement proceedings be initiated.
LATEST COMMENTExcellent judgement. Great work by the court. The Govt employees cannot make public sub seventh to them. They are there to serve people and implement Govt orders.qrst asdd
The bench then directed the Tamil Nadu chief secretary to take up the issue with the government, and said it must address the various issues raised by the employees and submit its views to the court on September 21. Noting that it hoped the government would approach the issue with an open mind in view of unconditional withdrawal of the strike, the judges pointed out that the employees' associations had agreed to resume work on Friday itself.
"We, therefore, direct the employees, including teachers, who have been on strike, to report to duty immediately, and in any case by 2pm on Friday," said the bench.
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