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| Rights of people cannot be subservient to a claim: HC | | | EARLY TIMES REPORT
JAMMU, Apr 13: The High Court Tuesday held that the government employees have no fundamental, legal or statutory right or equitable justification to go on strike. The land mark decision was given in public interest litigation (PIL) No OWP, PIL 325 of 2010 filed by two Srinagar based lawyers Bashir Ahmad Dar and Riyaz Ahmad Khan last week. The court also directed the government to take strict action against the striking employees incase they fail to resume their duties. The court had yesterday directed the heads of various departments to give details of measures they had taken to tackle the extra-ordinary situation that had arisen due to employees strike. As soon as the PIL came up for hearing today, the additional advocate general, Ali Muhammad Magrey presented several affidavits on behalf of various government departments. After perusing their averments, the division bench of the court comprising Justice Hakim Imtiaz and Justice Muzaffar Husain held that the government employees had no legal or statutory right to proceed on strike to enforce their demands. The court quoted several judgments of the Supreme Court of India wherein it has been held that the employees cannot enforce even a genuine demand by proceeding on strike. In TK Ranga Rajan v/s State of Tamil Nadu (2003, part 6, SEC pg 581), the apex court has held that the employees have no right to go on strike. The court directed the government to ensure proper and effective services to the people. “If need arises help can be sought from the police and the international Red Cross”, the court held.The department of education has been directed to seek assistance from private schools that receive government grant. “The government must take measures now to defeat any attempt by the striking employees to snap electric supply in the coming days”, the order read. The municipal corporations have been directed to ensure cleanliness in their respective areas. The five page judgement urged the government to consider the demands of the striking employees. “We do not want to comment on the genuineness of the employees’ demands. However, the employees must realize that that the society in general is facing hardships because of the strike. No medicare is available to the ailing persons, the schools are closed and students are losing their precious time and the general public is without ration. The strike has even affected the family members of the striking employees because they are part of the society.” The court urged the government to punish the striking employees if they fail to resume their duties soon. “Rights of people as a whole cannot be subservient to the claim, even if genuine, of an individual or of a section of people”, the court held. Advocate Bashir Ahmad Dar, one of the petitioners said the court did not declare the strike illegal, unjustified or unwarranted as projected by the local news channels Tuesday evening. Talking to Early Times, Dar expressed satisfaction over the judgement. “Of course it suggests punishment for the striking employees but it has also directed the government to consider their demands”, he said.
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