‘Avail mechanism provided in statutory provisions’
*Such act to be considered as indiscipline, misconduct
Mohinder Verma
JAMMU, Mar 26: Taking serious note of non-compliance of earlier directives and explicit judgment of the Supreme Court of India, the Government of Union Territory of Jammu and Kashmir has made it clear that strict action as per Employees (Conduct) Rules will be taken against all those who will resort to demonstrations and strikes in favour of their demands.
Vide communication dated November 3, 2023, all the Administrative Secretaries were directed by the General Administration Department to circulate the instructions to employees in their respective departments to desist from uncalled for demonstrations and strikes, which is an act of serious indiscipline and misconduct.
Moreover, the Supreme Court in a Civil Appeal titled T K Rangarajan Versus Government of Tamil Nadu has held that employees have no fundamental, statutory or moral right to resort to strike as there is no law regarding it and also according to various service and conduct rules, they are prohibited to go on a strike.
The Apex Court has further held: “A strike is a powerful weapon, if affects the society as a whole and the Government employees cannot go on a strike affecting society….Government employees cannot claim that they can take the society at ransom by going on strike. Even if there is injustice to some extent, as presumed by such employees, in a democratic welfare State they have to resort to the machinery provided under different statutory provisions for redressal of their grievances. Strike as a weapon is mostly misused which results in chaos and total maladministration”.
However, it has come to the notice of Power Development Department that some employees are resorting to demonstrations and strikes in favour of certain assumed demands, which is totally illegal.
This is notwithstanding the fact that Rule 20(ii) of the J&K Government Employees (Conduct) Rules, 1971, states: “No Government employee shall resort to, or in any way abet any form of strike in connection with any matter pertaining to his service or the service of any other Government employee”.
“This provision of law is not merely declaratory but will definitely entail consequences in case of violation as it clearly prohibits demonstrations and strikes by the Government employees”, read a circular issued by H Rajesh Prasad, Principal Secretary to the Government, Power Development Department.
Reiterating the instructions and rules, he said, “if any employee is found indulging in organizing or taking part in the demonstrations or strikes in violation of the rules, strict action as per law shall be taken against them”.
Vide SRO-160 dated July 1, 1995, the Jammu and Kashmir Civil Services (Recognition of Service Association) Rules were issued by the General Administration Department, which apply to the Service Associations of all regular civil employees of the Government except Gazetted Officers, persons in industrial establishments employed mainly in managerial or administrative capacity and those who being employed in supervisory capacity drawing salary in pay scales above Rs 3200 per mensem and police personnel.
These Rules further state: “A Service Association which has been recognized by the Government before the commencement of these Rules and in respect of which the recognition is subsisting at such commencement, shall continue to be so recognized for a period of one year from such commencement or till the date on which the recognition is withdraw, whichever be earlier”.
Further Rule 6(k) read: The Service Association shall not do any act or assist in the doing of any act which, if done by a Government servant, would contravene any of the provisions of the Services (Conduct) Rules.
Moreover, Rule 9 says: “If in the opinion of the Government, a Service Association recognized under these rules has failed to comply with any of the conditions, the Government may, after giving an opportunity to the Service Association to present its case, withdrawn the recognition accorded to such Association”.
Principal Secretary to the Government, Power Development Department has brought these Rules to the notice of the employees and made it clear that non-compliance will lead to strict action as per law.
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