Maha govt passes legislation to take disciplinary action against strikers

Mumbai: In the wake of 1

Mumbai: In the wake of 1.8 government and semi-government employees striking work, the state legislature on Tuesday passed the Maharashtra Essential Services Maintenance Act (MESMA), which empowers the government to act against employees involved in the maintenance of essential services. The existing MESMA expired on February 28.

HT Image

Besides action under the provisions of MESMA, the state government is likely to consider applying the ‘break in service’ rules to strikers, which entails a loss in their employee benefits. It is also mulling action against those employees who are already eligible for the old pension scheme (OPS) but have gone on strike nevertheless.

Under MESMA, the state government has the powers to notify those services and employment that are essential to ensure that public life is not affected. Once the bill is passed by both the houses, the government can notify it after the assent of the governor. The act has a provision of jail of up to one year for participation in an illegal strike or financing it or stopping lockout in any establishment pertaining to any essential service.

The state government also has the administrative powers to declare a ‘break in service’ for the period during which an employee is on strike. “The days of strike are declared ‘dies non’ and are considered a break in service of employees,” said a senior officer. “Any such break badly affects the pensionary benefits of employees. Such action could be taken even in case of non-essential services. There too, employees can be served notice for break in service.”

Interestingly, a huge number of employees who are eligible for OPS are part of the strike. “Around 50 percent of the 1.5 lakh employees on strike have been recruited before 2005 when the OPS was discontinued, which means they are eligible for the old scheme,” said the officer. “We will ask them why they are part of the strike. Action could be initiated against them as well.”

Another officer said that the state government was not likely to climb down further on the issue. “There will be no negotiations on OPS, and this has been made clear to the unions in the first meeting,” he said. “The government can do some tweaking in the existing scheme but that is all.”