Page 184 - DMGT516_LABOUR_LEGISLATIONS

Unit 7: Dispute Resolution and Industrial Harmony

7. Penalty for giving financial aid to illegal strikes: Any person who knowingly expends or Notes
supplies any money in furtherance or support of a strike which is illegal under this Act,
shall be punishable with imprisonment for a term which may extend to one year, a fine
which may extend to one thousand rupees, or both.
8. Power to arrest without warrant: Power to arrest without warrant. Notwithstanding
anything contained in the Code of Criminal Procedure of 1898 (5 of 1898), any police
officer may arrest without warrant any person who is reasonably suspected of having
committed any offence under this Act.
9. Act to override other laws: The provisions of this act and of any order issued thereunder,
shall have effect notwithstanding anything inconsistent there with. 68 contained in the
Industrial Disputes Act of 1947 (14 of 1947), or in any other law for the time being in force.

What are Essential Services?

Any service with respect to which the Parliament has power to make laws or the government
feels that its discontinuation would affect the maintenance of supplies and services necessary for
sustaining life is considered an essential service.

Which Services fall under this Category?

Services related to public conservancy, sanitation, water supply, hospitals or related with the
defence of the country are considered essential. Any establishment dealing with production,
supply or distribution of petroleum, coal, power, steel and fertilizers also falls under the essential
services category. Apart from this, any service in connection with banking can be subject to
ESMA. Communication and transport services and any government undertaking related to the
purchase and distribution of food grains are also subject to this act. The employees can't even
refuse to work overtime if their work is considered necessary for the maintenance of any of the
essential services.
Instances when ESMA was invoked

Since its birth, ESMA has been invoked many times by the State governments, as well as Central
government in India.
Some of the notable ones are the Delhi hospital strike incident in 2005 and 2007, the All India
airport strike by AAI employees in 2008, the Kerala State Government employees strike, the
ESMA Against Truckers Strike by many states in 2009 and the ESMA against Oil Companies'
employees, which highly affected oil and gas supplies all over the country (9th Jan 2009).
Many top officials have also been suspended under this Act.
The term is extremely comprehensive and includes not only services that are obviously such
(posts and telegraphs, railways, airlines, ports, etc.) but also any other service connected with
matters with respect to which in its opinion would prejudicially affect the maintenance of any
public utility service, public safety or the maintenance of supplies and services necessary for the
life of the community or for avoiding grave hardship to it.

ESMA overrides all other laws in case of conflict.
A mere participation in an illegal strike would make an employee liable to dismissal, new
penalties have been set connected with illegal strikes (and illegal lockouts, layoff), police officers
have been given power to arrest without warrant anyone reasonably suspected of an offence
under the Act; and any metropolitan magistrate or any judicial magistrate may summarily try
all offences under the Act.

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