Lucknow, Feb 17: Amid the farmers' protest, the Yogi Adityanath-led government on Friday invoked the Essential Services Maintenance Act (ESMA), banning strikes by government employees in all State government departments, corporations, and authorities for six months.
“In exercise of the powers under sub section (1) of the section-3 of the Uttar Pradesh Essential Services Maintenance Act, 1966 (UP Act No 30 of 1966), the State government prohibited strike for a period of six months from the date of the notification,” the notification issued by Additional chief secretary (ACS) Devesh Chaturvedi read.
What is ESMA?
The Essential Services Maintenance Act (ESMA) is an act that any government can invoke in their respective states to prohibit striking employees from refusing to work on certain essential services which are necessary and important for maintaining normal life in the country.
The Essential Services Maintenance Act, 1996 mandates imprisonment for a term which may also extend to a year, or a fine of Rs 1,000 or both, to any person who tries to instigate a strike which was illegal under the Act.
Which services fall under this category?
- Services related to public conservancy, water supply, sanitation, hospitals, or related to the defense of the country
- Supply or distribution of petroleum, coal, power, fertilizers
- Transportation services
- Distribution of food grains
- Employees can’t refuse to work overtime if the work is considered necessary
In the past, the UP government had banned strikes for six months during the peak of the COVID-19 pandemic, and again in May 2021.