KOCHI: The Kerala High Court on Monday directed the state government to immediately issue an order preventing government employees from taking part in strikes and to take strict action if they do. The government should also ensure transportation facilities for them, the court directed.
A division bench comprising chief justice S Manikumar and justice Shaji P Chaly considered a petition (WP-C No. 10478/2022) filed by advocate S Chandrachoodan Nair of Thiruvananthapuram.
The petitioner had sought an interim relief of a directive to the state police to take adequate measures to ensure free movement of people and goods during the strike and to take action against those preventing such movement. He had also sought a directive to the government not to give salaries to government employees who are absent from duty on Monday and Tuesday.
It was alleged by the petitioner that the government is acting hand in glove with the unions in not mandating compulsory attendance of government employees during strikes and is not taking any action to prevent their participation in strikes.
Advocate general K Gopalakrishna Kurup submitted that when there are provisions in the rules to take action against government employees participating in strikes, no interim order their participation should be issued without making trade unions parties in the case.
Rule 86 of Kerala Government Servants’ Conduct Rules, 1960 makes it manifestly clear that no government servant shall engage himself in any strike or similar activities, the court said. Almost all shops, establishments, government offices, etc. are closed today and no transport facility is available, the court noted. Though notice for strike was issued in March, there is no response from the Government, by issuing any order, the court pointed out.
In the interim order, the court said, “Though the learned Advocate General has conceded to the first interim relief (ensuring free movement of people) sought for, the fact remains that there are no buses operated by the State Government, enabling the Government Servants to attend duty. It is one thing to state that Government would take appropriate action against those who are preventing the Government servants from attending duty. At the same time, there are no orders issued by the Government, enabling operation of vehicles, viz. buses and others, so as to facilitate Government servants from attending duty.” While a government servant has no right to participate in a strike, it is the duty of the government to prevent the government servant from joining in strikes, the court said.
“Trade union activities pertaining to the statutory provisions under the Trade Unions Act, 1926 cannot be allowed to impede the governance. It is the duty of the welfare Government to protect not only the citizens but to continue with all the Government work as expected. In other words, it should not slow down or it should not attempt at slowing down Government work,” the court said in the order.
If the government’s contention, that it can always take action if it is later found out that an employee had participated in a strike, is allowed to continue, the government can always take shelter under it, the court said. Merely because disciplinary action is provided for under the rules does not mean that the government is absolved from taking preventive action, the court added.
While asking the government to forthwith issue an order preventing government employees from participating in strikes, the court stated in the order, “From the material on record, we find that Government has not issued orders well in advance preventing any such Government servant from taking part in the strike nor provided any machinery enabling others to attend office.”
“As the learned Advocate General has conceded to the grant of interim orders prayed for by the petitioner, there shall be a direction to respondents 1 to 3, to issue appropriate directions, on the above,” the court ordered. Respondents 1 to 3 are the chief secretary, principal secretary of general administration department, and principal secretary of finance department. Interim reliefs sought by the petitioner were to direct the state police to take adequate measures to ensure free movement of people and goods on Monday and Tuesday and to register criminal cases against persons or groups obstructing such free movement. The other interim prayer was to not disburse salary to government employees for Monday and Tuesday if they are absent from work.
