PDD Warns Workers In opposition to Organising, Collaborating in Strikes, Demonstrations

SRINAGAR: The Energy Growth Division on Tuesday warned of strict motion as per regulation in opposition to any worker discovered indulging in organizing or collaborating in demonstration or strike in violation of the foundations.

“It has come to the discover of the Division that some workers 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, mentioned in a round wherein the Authorities directions, J&Ok Authorities Workers (Conduct) Guidelines, and ruling of the Supreme Courtroom 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 beneath: “Demonstrations and strikes: No Authorities workers shall resort to, or in any means abet any type of strike in reference to any matter pertaining to his service or the service of every other Authorities worker”.

The availability of regulation will not be merely declaratory, however will certainly entail penalties in case of violation, because it clearly prohibits demonstrations and strikes by the Authorities workers, 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 Normal Administration Division, which shall apply to the Service Associations of all common civil workers of the Authorities, besides (a) Gazetted Providers; (b) Individuals in industrial institutions employed primarily in managerial or administrative capability, and those that 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proceed to be so recognised for a interval of 1 yr from such graduation or until the date on which the popularity is withdrawn, whichever be earlier.”

Rule 6(ok), it mentioned, “Circumstances 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 mentioned, Rule 9 reads: “Withdrawal of Recognition: If within the opinion of the Authorities, a Service Affiliation recognised beneath these guidelines has did not adjust to any of the circumstances 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.”

By way of O.M No: GAD-ADM0III/158/2023-09-GAD dated 03.11.2023, it mentioned, all of the Administrative Secretaries had been requested to flow into the directions to workers 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 Courtroom in case Enchantment (Civil) No.5556/2003 titled T.Ok. Rangarajan vs Authorities of Tamil Nadu (SC 2003) has held that the staff haven’t any basic, statutory or ethical proper to resort to strike as there isn’t any regulation concerning it, and in addition, in accordance with varied service and conduct guidelines, they’re prohibited to go on a strike.

The Apex Courtroom additional said: a strike is a robust weapon, it impacts the society as a complete, and the federal government workers can not go on a strike affecting society…. Authorities workers can not declare that they will take the society at ransom by happening strike. Even when there may be injustice to some extent, as presumed by such workers, in a democratic welfare State, they need to resort to the equipment offered beneath 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 dropped at 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 foundations and directions talked about above, strict motion as per regulation shall be taken in opposition to such worker(s).”