STRIKING DOWN
India Legal|April 18, 2022
The Kerala High Court declared that the two-day strike of government employees in the state during March-end was illegal and directed the state to issue an order barring them from joining the strike. Trade unions, however, disagreed, saying that the order was against the workers' right to protest
Abhilash Singh
STRIKING DOWN

THE Kerala High Court recently forbids government employees in the state from participating in the two-day nationwide ongoing strike on March 28 and 29 and asked the state government to declare dies-non (no work, no pay) on both days. A Division Bench of Chief Justice S Manikumar and Justice Shaji P Chaly passed the order declaring the strike of the government employees as illegal. The Court directed the state government to issue a directive prohibiting such a strike while adding that no government servant shall participate in the strike.

The Court's order came when public life, as well as government functioning, had come to a complete halt in Kerala after the trade unions staged a strike against the policies of the centre. Only 32 of the 4,824 staff were present at the government secretariat on the first day of the strike.

A petition was moved through lawyer V Sajith Kumar, who sought a directive to the state government to ensure compulsory attendance of government servants on the general strike days of March 28 and 29 and initiate disciplinary proceedings as per service rules against those employees who abstain from work.

Hours after the High Court's order, the state government Lissued a dies-non order. Chief Minister Pinarayi Vijayan issued a mandate on the strike after the order of the High Court. The order warned of disciplinary action against government employees who took part in the strike. However, defying the order, nearly 90% of the employees struck work. The state government is also seeking a legal opinion on the matter after the Court's order.

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