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Essential Services Maintenance Act, 1981

India is a large nation which runs upon runs with the help of multiple organisations providing essential services for smooth functioning.

However, sometimes the people involved in such organisations can create disruptions in the working of the organisations by way of strikes etc, thereby slowing down dispensations of services. Therefore, this Act was enacted.

DEFINITION AND PURPOSE OF THE ACT

The parliament introduced this Act to provide for the smooth maintenance of certain essential services in the country and maintain normal life of the community at large.

The primary purpose of the Act is to prohibit strikes (employees refuse to work) and lock-outs (started by industry owners, who refuse to give employment or do any work during labour dispute) in these essential services to avoid any stoppage in the services that could negatively affect the public safety and welfare.

WHAT ARE ESSENTIAL SERVICES?

Essential services are deemed as services important for better functioning of society and for public welfare. The Act has defined essential services under section 2 as:

Postal, Telegraph, Telephone services
Railway services
Transport services
Aerodrome and Aircraft operations
Port services
Defence services
Production and distribution of defence
Public Conversancy and Sanitation services
Water supply services
Health Care services
Banking services
Energy supply services
Fertiliser services
Petroleum services
Election services
Any other service with respect to which parliament can make laws and could impact public utility service, public safety or would result in infliction of hardship on the community

STRIKES, LOCKOUTS AND LAY-OFFS

Strikes: A strike is when employees stop working to protest for better conditions, pay, or other employment terms. They refuse to work until their demands are met. (section 2(b))
Lockouts: Lockouts are when employers stop employees from working during a labor dispute. They close the workplace to pressure workers into agreeing to certain terms or conditions.
Lay-offs: A layoff happens when a company stops employing someone, usually because there isn't enough work for them to do.

KEY PROVISIONS OF THE ACT

Prohibition of Strikes: Section 3 of the Act allows the government to stop strikes in essential services by issuing a general or special order if it is considered necessary for public interest.
Dismissal of Employees: Under section 4, employees who start or join an illegal strike, or encourage others to do so, can be removed from their jobs.
Prohibition of Lockouts: Under Section 8, the government can ban lockouts in essential services by issuing a general or special order if it is in the public interest.
Prohibition of Lay-offs: Section 9 of the Act allows the government to prevent lay-offs in essential services to ensure continuous employment, except in cases of power shortages or natural disasters.

POWERS OF THE GOVERNMENT

The central government is granted important powers under the Act to ensure the maintenance of essential services. Primarily, two important powers are granted, these are:

Issuances of orders: Government has the power to issue orders prohibiting strikes, lockouts, and lay-offs in essential services.
Arrest without warrant: Under section 10, any police officer can arrest any person without warrant who is reasonably suspected of having committed any offence in the Act.

PENALTIES FOR VIOLATING THE ACT

The Act penalises anyone who has done any Act against the provisions of the Act inviting imprisonment and fines. These are:

Penalty for illegal strikes: Anyone who starts, joins, or continues an illegal strike can be punished with up to six months in jail, a fine of up to one thousand rupees, or both. (section 5)
Penalty for instigation, etc.: Anyone who encourages or persuades someone to join or support an illegal strike can be punished with up to one year in jail, a fine of up to two thousand rupees, or both. (section 6)
Penalty for giving financial aid to illegal strikes: Anyone who knowingly gives money to support an illegal strike can be punished with up to one year in jail, a fine of up to two thousand rupees, or both. (section 7)
Illegal Lockouts and Lay-offs: An employer who starts or continues an illegal lockout or lay-off can be punished with up to six months in jail, a fine of up to one thousand rupees, or both. (section 7 and 9 respectively)

IMPACT ON ESSENTIAL SERVICES

The Essential Services Maintenance Act (ESMA) is important in keeping essential services running smoothly which protects the general public at large. The Act bans strikes and lockouts that help in preventing hurdles in areas like healthcare, transportation, and utilities. This continuous service is essential for maintaining public safety and smooth functioning of everyday life.

IMPACT ON WORKERS’ RIGHTS

ESMA was designed to keep essential services running continuously but this also restricts the right of workers to strike and take industrial action which is a part of protest under article 19(1)(a) of Indian Constitution.

This restricts their ability to protest against poor working conditions or policies. However, these limitations are seen as necessary to ensure that important services continue to operate for the benefit of public welfare.

RECENT APPLICATION AND CASE STUDIES OF ESMA

The Andhra Pradesh Case: In a recent case, the Andhra Pradesh government invoked ESMA to ban strikes by Anganwadi workers for six months to ensure non-stop child care and nutrition services in rural areas. This action was aimed to maintain essential services while addressing the workers' protests.
The Uttar Pradesh Case: The Uttar Pradesh government recently invoked ESMA, imposing a six-month ban on protests and strikes by employees in farmers’ protest.

This measure aims to ensure the uninterrupted delivery of essential services with growing protests and demands from workers.

CONCLUSION

In conclusion, the Essential Services Maintenance Act (ESMA), 1981, is a crucial legislation made to ensure the non-stop delivery of essential services in India. Although it grants significant powers to the government to prevent strikes, lockouts, and lay-offs, it also imposes restrictions on workers' rights to strike against industrial action.

The Act has been invoked in various sectors to maintain public welfare, especially during critical times. There should be a balance between continuous essential services and protecting workers' rights, which remains a key challenge in the implementation of ESMA.

Frequently Asked Questions (FAQs)

1. Can ESMA override other laws?

Yes, the provisions of ESMA take precedence over any conflicting laws, ensuring its authority in maintaining essential services. This override ensures that the objectives of ESMA are met without legal hindrances.

2. Can ESMA be applied to private sector services?

Yes, ESMA can be applied to both public and private sector services if they are deemed essential. The government's priority is to ensure that these services remain operational regardless of their sector.

REFERENCES

Essential Services Maintenance Act,1981.

Written by Chandra Kant Singh

Aspiring lawyer with a passion for justice and a strong foundation in organisation, communication, and problem-solving skills. Currently pursuing a B.A.LL.B. (Hons.) degree at RMLNLU, where I am actively involved in moot court and NegMed competitions. Eager to leverage my skills and academic background to contribute to a dynamic legal environment and make a positive impact on society.