Government asked to take appropriate action against the employees who violate the rule
Government asked to take appropriate action against the employees who violate the rule
A division bench of the Kerala High Court on Monday directed the state government to issue appropriate orders to restrain the government employees from going on strike.
A division bench of Chief Justice S. Manikumar and Justice Shaji P. Chali passed the interim direction on a Public Interest Litigation (PIL) filed by Chandrachudan Nair S, a retired government employee from Thiruvananthapuram, seeking mandatory presence of government employees during the ongoing normal period. was done. strike.
The court also directed the government to issue necessary orders to all department heads to ensure that Rule 86 of the Kerala Government Employees Conduct Rules, 1960, which barred government employees from resorting to strike, was violated. was not done by the employees.
The court ordered that for violating the rule, appropriate action should be taken against the employees who violated the rule. The court also directed the government to issue appropriate orders for plying of vehicles to enable government employees to come on duty.
When the Advocate General said that an appropriate decision could be taken only after confirming whether the government employees had taken part in the strike, the court said that the government had to restrain the employees from indulging in any activity specified in Rule 86. Adequate steps should be taken for this.
The court said that merely because disciplinary action was taken, the government was not absolved of taking preventive action. The government had not long ago issued orders prohibiting any government servant from participating in the strike or provided any machinery for others to attend office.
The court also observed that the statutory provisions under the Trade Unions Act, 1926 cannot be allowed to obstruct the governance of trade union activities. It was the duty of a welfare government to not only protect the citizens but also to carry on all government functions as expected.
The petitioner submitted that as per Rule 77(b)(2) of the Kerala Government Employees Conduct Rules, 1960, the Union of Government Employees shall not resort to any strike or strike for the purpose of achieving any of its objectives or for any other purpose. Will not use threats. reason
In addition, Rule 86 explicitly prohibited employees from participating in strikes. Thus, these rules prohibited the government employees from going on strike. In addition to Rule 14(a) of Part I of the Kerala Service Rules, the period of unauthorized absence of an officer on account of his participation in the strike is treated as non.
Therefore, it was the responsibility of the government to impose the dead non on the striking employees on 28th and 29th March. The government’s inaction to issue orders to enforce the inaction was illegal.
The petitioner pointed out that a Division Bench had earlier quashed the order to regularize absenteeism on strike days as eligible with leave and pay. The bench had also directed the government to verify the attendance register and take action as per law. However, no action was taken against those who availed the canceled regularization order.
Instead, the government extended unbridled support to the March 28 and 29 strikes by not declaring them non-death Or even the mandatory presence of government employees has been made mandatory.
Trade unions alleging allegiance to the political party in power openly declared their support and persuaded employees to stay away from work. The petitioner submitted that inaction on the part of the Government to issue orders declaring non-deaths and making the presence of employees mandatory in offices, except in exceptional circumstances, would amount to support/incentive to general strike.