Page 187 - DMGT516_LABOUR_LEGISLATIONS

Labour Legislations

Notes nation. Such a claim would be unreasonable and could not be accepted as a legitimate
exercise of a Fundamental Right by a political party to those comprising it.
(B) There is no legal/statutory right to go on strike: There is no statutory provision
empowering employees to go on strike.
Further there is prohibition to go on strike under the Tamil Nadu Government
Servants' Conduct Rules, 1973 (hereinafter referred to as the 'conduct rules') Rule 22
provides that no Government servant shall engage himself in strike or in incitements
thereto or in similar activities'. The explanation to the said provision explains the
term 'similar activities' shall be deemed to include the absence from work or neglect
of duties without permission and with the object of compelling something to be
done by his superior officers or the government or any demonstrative fast usually
called 'hunger strike' for similar purposes. Rule 22-A provides that 'no Government
servant shall conduct any procession or hold or address any meeting in any part of
any open ground adjoining any Government office or inside any office premises (a)
during office hours or any working day, and (b) outside office hours or on holidays,
save with the prior permission of the head of the department or head or office as the
case may be'.
(C) There is no moral or equal rights, government employees cannot claim they can
take the society at ransom by going on strike. 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 provide under different statutory provisions for redressal
of their grievances. Strike, as a weapon is mostly misused and results in chaos and
total maladministration. Strike affects society as a whole and particularly when two
lakh employees go on strike en masse, the entire administration comes to a grinding
halt. In the case of strike by a teacher, the entire educational system suffers; many
students are prevented from appearing for exams, which ultimately affects their
whole career. In case of strike by employees of transport services, entire movement
of the society comes to a standstill; business is adversely affected and a number of
persons find it difficult to attend to their work, to move from one place to another or
one city to another. On occasions, public properties are destroyed or damaged and
finally this creates bitterness among public against those who are on strike.
Further, Mr. K.K. Venugopal, learned senior counsel appearing for the State of Tamil
Nadu, also submitted that there are about 12 lakh Government employees in the State. Out
of the total income from direct tax, approximately 90% of the amount is spent on the salary
of the employees. Therefore, he rightly submits that in a society where there is large-scale
unemployment and a number of qualified persons are eagerly waiting for employment in
government departments or in public sector undertakings, strike cannot be justified on
any equitable ground. We agree with the said submission. In the prevailing situation,
apart from being conscious of rights, we have to be fully aware of our duties, responsibilities
and effective methods for discharging the same. For redressing their grievances, instead
of going on strike, if employees do some more work honestly, diligently and efficiently,
such gestures would not only be appreciated by the authority but also by people at large.
The reason being in a democracy even though they are government employees, they are
a part and parcel of the governing body and owe duty to the society. We also agree that
misconduct by government employees is required to be dealt with the accordance to law.
However, considering the gravity of the situation and the fact that on occasion, even if
employees are not prepared to agree with what is contended by some leaders who
encourage strikes, they are forced to go on strikes for reasons beyond their control.
Therefore, even though the provisions of the Act and Rules are to be enforced, they are to
Contd...

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