'Strike of govt employees is illegal'; employees who go on strike not entitled to salary, says High Court

Friday 06 January, 2023 | 2:37 AM

KOCHI: Considering a plea against trade union strikes, the High Court called for strict action against government employees who go on strikes. A High Court division bench held that it is illegal to stage a strike and such government employees are not entitled to a salary. The division bench comprising Chief Justice S Manikumar and Justice Shaji P Chali directed the government to take strict action against those who go on strike in violation of service rules and codes of conduct.

The court was disposing of the petition filed by Thiruvananthapuram Pallippuram native Chandrachudan Nair seeking action against the employees who went on strike on March 28 and 29, 2022. The strike during these days was a part of the nationwide strike.

In 2021, a division bench of the High Court had held that employees have no legal right to strike in violation of service conduct rules and government circulars and notifications affecting the public. The same applies to the present petition. The division bench observed that government encourages the strike by paying salaries to those who participate in the strike and ordered the government to take strong action in the matter.

In a petition filed before the strike, the High Court had directed the government to issue an order restraining the employees from participating in the strike. However, the government issued the order on March 28, the day the strike began. There were some conditions mentioned in the government order. The High Court had also directed the government to clarify the steps taken based on this.

The High Court had quashed the government's earlier order granting leave with pay on strike days. The Supreme Court has not granted a stay in this. Accordingly, the High Court directed the government to proceed with the action.

Withheld the salaries of employees, says Govt

The salaries of 1,96,931 employees who were absent on March 28 and 1,56,845 who were absent on March 29 were withheld. The government also stated that it took disciplinary action against 24 persons who did not appear on March 28 and against four persons who did not appear on March 29. It added that it is collecting information from Forest, Revenue, Higher Secondary and Public Works Departments.