UP invokes ESMA to ban strike by government staff

Virendra Singh Rawat

Lucknow / May 28, 2021

Amid the spiral of second wave of Covid -19 pandemic in Uttar Pradesh, the Yogi Adityanath government has invoked the Essential Services Maintenance Act (ESMA), 1966 banning strikes in all departments and corporations for six months.

The provisions of ESMA empowers the state police to arrest a person, without a warrant, if found violating the stringent provisions of the Act.

In a UP Government Order (GO), which has already been ratified by Governor Anandiben Patel, state additional chief secretary Mukul Singhal said the invoking of the ESMA was deemed “expedient in the public interest…”

The prohibitive order encompasses any public service in connection with the affairs of the state of UP, and any service under a corporation owned or controlled by the state government or under a local authority.

Under ESMA, the government employees pertaining to scheduled essential services like post and telegraph, railway, airport and port operations are prohibited from proceeding to a strike.

The Act mandates imprisonment for a term which may extend to one year, or fine which may extend to Rs 1,000, or with both, to any person who instigates a strike which is deemed illegal under the Act.

Interestingly, the EMSA provisions are by default invoked at all times and the same are extended vide GO at the expiry of such terms.