Striking work in Maharashtra could land you in jail Sanjeev Shivadekar, TNN | Aug 3, 2012, 11.59PM IST Times of India MUMBAI: Instigating, financing or even participating in an illegal strike could land a person in jail in Maharashtra. If convicted, any person engaged in an essential or public service who supports a strike will face a prison term of up to one year, or be slapped with a fine of up to Rs 2,000, or both. The police can arrest offenders without a warrant and the offence has been made non-bailable. In other words, those booked in an illegal strike case will have to move court to get bail. A notification to this effect came into force on Friday, following a presidential nod to amendments in the Maharashtra Essential Services Maintenance Act, 2011 ( MESMA). The state legislative assembly had sought approval for the amendments to the Act after they were cleared during the winter session in Nagpur last December. "If striking employees in any sector (be it public, private or unorganized) are to adversely impact public life and the concerned establishment notifies the strike as illegal, then the employees refusing to work can be booked under the amended Essential Services Act," said P S Meena, additional chief secretary, general administration department. According to the amendments, an essential service includes public transport such as autorickshaws, taxis and school buses, or individuals employed in hospitals, government, semi-government establishments, high court employees, civic staff, teaching staff, or even those engaged in the supply of milk, water, gas and electricity. The amendment has not gone down well with unions. A state gazetted office-bearer in Mantralaya said that strikes are a way of protest. "We do not like to trouble citizens. But by banning strikes, sometimes the only resort to air grievances, the government has taken an anti-worker stand." Even BJP MLA Devendra Fadnavis, while participating in the legislative assembly debate in 2011, had raised queries over the blanket ban on strikes. He had raised concerns that the Act might be "misused" against those protesting in a rightful manner to meet their demands. Refuting the allegations, a Mantralaya official said, "We are not against the rights of any person. The objective of introducing the amendment is to save citizens various hassles during strikes." The official added that the amendments made in Maharashtra to the Act are "less stringent" than the rules that exist in Tamil Nadu. According to the Tamil Nadu Essential Services Act, those indulging in an illegal strike invite conviction and punishment with imprisonment up to three years and/or a fine of up to Rs 5,000. Source: Striking work in Maharashtra could land you in jail - The Times of India
Let them take on MNS if they have the guts to. so far the MNS goons have had a free hand and the local Government has given them a long handle as long as they split the votes of SS.
This can be a double edged sword and govt should take care that the genuine rights of the workers are not denied by the management. You simply dont challenge marati manooos in mumbai...
Welcome development. Wish other states would follow suit. Most of these unions are nothing but clubs filled with hooligans.
This act will not cover strikes in Private sector, except those which will impact public life or essential public services.
And you know why MNS goons are protected by respected govt of MH? @topic Maharshtra has no Manesar, still precaution is better & it's implementation is less important than the symbolic assurance it offers to industrywalas.
