Mumbai, April 20, 2012(TNN): The state government has introduced a law that will penalize employees striking work in any service, type of employment or class if it deems that the strike would adversely impact public life. Until now, the ambit of the legislation was limited to government, semi-government staffers and a few others.
New provisions of six months jail for strike introduced in the bill violated the fundamental right .“Illegal” strikers face a six-month jail term, while those instigating them could be sent to jail for a year.
Despite objections from the opposition, the government on Thursday managed to gain the legislative council’s approval for the Maharashtra Essential Services Maintenance Act, 2011. The legislative assembly had given its nod to the bill during the winter session last year.
Under the new Act, the government can take action against employees in any service, type of employment or class if they strike work and it affects maintenance of services essential to the community.
The previous form of the Act, which expired on May 26, 2010, covered government or semi-government staffers as well as employees of public transport services, power and gas utilities and public health and sanitation entities. These services were identified as “essential” and employees engaged in them were not permitted to strike work.
The new Act still gives the state the power to prohibit lockouts, layoffs and strikes in establishments. Employees resorting to “illegal ” strikes could face a six-month jail term and a fine of Rs 2,000.
The new provisions also permit the state to prosecute those lending financial support to such strikes. People instigating employees to go on a strike could face a one-year jail term or a fine of Rs 2,000.
Shiv Sena members Deepak Sawant and Neelam Gorhe claimed that new provisions introduced in the bill violated the fundamental right to protest.
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