A Division Bench of the Kerala High Court on Monday directed the State government to issue appropriate orders forthwith preventing government employees from going on strike.
The Bench comprising Chief Justice S.Manikumar and Justice Shaji P. Chali passed the interim directive on a public interest litigation (PIL) filed by Chandrachoodan Nair S., a retired government employee from Thiruvananthapuram, seeking compulsory attendance of government staff during the ongoing general strike.
The court also directed the government to issue necessary orders to all department heads to ensure that Rule 86 of the Kerala Government Servants Conduct Rules, 1960 which barred government employees from resorting to strike, was not violated by employees.
The court ordered that in case of rule violations, appropriate action should be taken against the employees violating the rule. The court also directed the government to issue appropriate orders for the operation of vehicles to enable government servants attend duty.
When the Advocate General submitted that appropriate decisions could be taken only after confirming whether government servants had participated in the strike, the court said the government should also take adequate steps to prevent employees from engaging in any activity specified in Rule 86.
The court said merely because there was disciplinary action provided did not absolve the government from taking preventive action. The government had not issued orders well in advance preventing any government servant from taking part in the strike or provided any machinery enabling others to attend office.
The court also noted that trade union activities pertaining to the statutory provisions under the Trade Unions Act, 1926 could not be allowed to impede governance. It was the duty of a welfare government to not only protect the citizens but also continue with all the government work as expected.
The petitioner said as per Rule 77(b) (2) of the Kerala Government Servants Conduct Rules, 1960 association of government employees shall not resort to any strike or use threat of strike as a means of achieving any of its purposes or for any other reasons.
Besides, Rule 86 expressly prohibited employees from taking part in strike. Thus, these rules restrained government servants from going on strike. Besides Rule 14 (a) of Part I of the Kerala Service Rules treated the period of unauthorised absence of an officer on account of participation in strike as dies non.
Therefore, the government had a responsibility to impose dies non on the striking employees on March 28 and 29. The inaction of the government to issue an order making applicable dies non was illegal.
The petitioner pointed out that a Division Bench had earlier quashed an order regularising the absence on strike days as eligible with leave and salary. The Bench had also directed the government to verify the attendance register and take action in accordance with the law. However, no steps had been taken against those who availed themselves of the quashed regularisation order.
Instead, the government had extended unbridled support to the strike on March 28 and 29 by not declaring dies non or even mandating compulsory attendance of government servants.
The trade unions owing allegiance to the political party in power had openly declared their support and persuaded the employees to abstain from work. The inaction on the part of the government in issuing orders declaring dies non and mandating the attendance of employees in offices, except for exceptional situations, would amount to support/ encouragement to general strike, the petitioner said.
