Srinagar: The Energy Improvement Division on Tuesday warned of strict motion as per legislation towards any worker discovered indulging in organizing or collaborating in demonstration or strike in violation of the principles.
“It has come to the discover of the Division that some staff are resorting to demonstrations and strikes in favour of sure assumed calls for, which is completely unlawful,” H. Rajesh Prasad (IAS) Principal Secretary to the Authorities, PDD, stated in a round through which the Authorities directions, J&Ok Authorities Workers (Conduct) Guidelines, and ruling of the Supreme Court docket for coping with such points have been reproduced.
Amongst others, the round referred to Rule 20(ii) of the Jammu and Kashmir Authorities Workers (Conduct) Guidelines, 1971 reads as below: “Demonstrations and strikes: No Authorities staff shall resort to, or in any approach abet any type of strike in reference to any matter pertaining to his service or the service of some other Authorities worker”.
The supply of legislation shouldn’t be merely declaratory, however will certainly entail penalties in case of violation, because it clearly prohibits demonstrations and strikes by the Authorities staff, it famous.
“Vide SRO-160 dated 14-7-1995, the Jammu And Kashmir Civil Providers (Recognition of Service Affiliation) Guidelines, 1995 have been issued by the Basic Administration Division, which shall apply to the Service Associations of all common civil staff of the Authorities, besides (a) Gazetted Providers; (b) Individuals in industrial institutions employed primarily in managerial or administrative capability, and people who being employed in supervisory capability drawing wage in pay scales above Rs.3200/- per mensem; and (c) Police Personnel.”
“These guidelines additional present the next: Service Associations already recognised: A Service Affiliation which has been recognised by the Authorities earlier than the graduation of those guidelines and in respect of which the popularity is subsisting at such graduation, shall proceed to be so recognised for a interval of 1 12 months from such graduation or until the date on which the popularity is withdrawn, whichever be earlier.”
Rule 6(okay), it stated, “Situations for continuance of recognition of Service Affiliation: The Service Affiliation shall not do any act or help within the doing of any act which, if executed by a Authorities servant, would contravene any of the provisions of the Providers (Conduct) Guidelines.”
Equally, the round stated, Rule 9 reads: “Withdrawal of Recognition: If within the opinion of the Authorities, a Service Affiliation recognised below these guidelines has did not adjust to any of the situations set out in rule-5 or rule-6 or rule-7, the Authorities might, after giving a possibility to the Service Affiliation to current its case, withdraw the popularity accorded to such Affiliation.”
When it comes to O.M No: GAD-ADM0III/158/2023-09-GAD dated 03.11.2023, it stated, all of the Administrative Secretaries had been requested to flow into the directions to staff of their respective Division(s) to desist from all such uncalled for demonstrations and strikes: an act of significant Indiscipline and misconduct.
Additional, the round famous that the Supreme Court docket in case Enchantment (Civil) No.5556/2003 titled T.Ok. Rangarajan vs Authorities of Tamil Nadu (SC 2003) has held that the workers haven’t any elementary, statutory or ethical proper to resort to strike as there isn’t a legislation concerning it, and likewise, in line with numerous service and conduct guidelines, they’re prohibited to go on a strike.
The Apex Court docket additional acknowledged: a strike is a robust weapon, it impacts the society as a complete, and the federal government staff can’t go on a strike affecting society…. Authorities staff can’t declare that they’ll take the society at ransom by happening strike. Even when there’s injustice to some extent, as presumed by such staff, in a democratic welfare State, they should resort to the equipment offered below completely different statutory provisions for redressal of their grievances. Strike as a weapon is generally misused which ends up in chaos and whole maladministration, it famous.
“The above directions/guidelines are delivered to the discover of all involved, “ the round reads, including, “and if any worker is discovered indulging in organizing, or collaborating in demonstration(s) and/or strike(s) in violation of the principles and directions talked about above, strict motion as per legislation shall be taken towards such worker(s).”
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