CURRENT AFFAIRS
CURRENT AFFAIRS
Description
To ensure that medical services are not affected, the Odisha government has invoked the Orissa Essential Services (Maintenance) Act (ESMA), which prohibits paramedical professionals, including nurses, pharmacists, technicians, Class III and IV employees, from striking.
About The Essential Services Maintenance Act (ESMA)
It is a 1968 statute passed by the Indian Parliament to ensure the supply of essential services that, if disrupted, would impair people's daily lives.
It is implemented to prevent strikers from refusing to work in essential services. Employees cannot use bandhs or curfews as an excuse to miss work.
Services Included In This Category
Public conservation, sanitation, water supply, hospitals, and national defense services are critical.
Essential services are provided by any establishment involved in the production, delivery, or distribution of petroleum, coal, electricity, steel, or fertilizer. Aside from that, any banking-related service could be regulated by ESMA.
This act also applies to communication and transportation services, as well as any government effort connected to food grain purchase and distribution.
State governments can enforce their respective acts in specific territory, either alone or in collaboration with other state governments.
Each state has its own ESMA, which differs slightly from the federal law.
As a result, if the nature of the strike only causes disruption in one or more states, the states can initiate it.
The Act also permits states to determine which critical services to enforce under ESMA.
In the event of a statewide outage, particularly impacting railways, the central government may invoke the ESMA.
What Actions Can Be Taken Against The Employees?
Individuals who initiate the strike as well as those who initiate it face disciplinary action, which may include dismissal.
Because the strike becomes illegal after ESMA is invoked, legal action against these employees is also possible.
Without a warrant, any police officer can arrest the individual who is striking.
Individuals who participate in or instigate the strike face imprisonment for up to a year, a fine, or both.
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