The government on Tuesday declared strike and demonstrations by PDD employees in support of their demands as “illegal” and warned of strict action in case of violation of service rules.
“It has come to the notice of the department that some employees are resorting to demonstrations and strikes in favour of certain assumed demands, which is illegal,” a circular issued by the Power Development Department stated.
The government circular has come in the backdrop of protests and strike called by PDD employees against the suspension of engineers.
Reproducing the government instructions, J&K Government Employees (Conduct) Rules, and ruling of the Supreme Court for dealing with the issue, the government detailed out that Rule 20 (ii) of the Jammu and Kashmir Government Employees (Conduct) Rules, 1971 reads that “Demonstrations and strikes: No Government employees shall resort to, or in any way abet any form of strike in connection with any matter pertaining to his service or the service of any other Government employee”.
“The (specified) provision of law is not merely declaratory, but will definitely entail consequences in case of violation, as it clearly prohibits demonstrations and strikes by the Government employees,” the circular remarked.
“Vide SRO-160 dated 14-7-1995, the Jammu And Kashmir Civil Services (Recognition of Service Association) Rules, 1995 have been issued by the General Administration Department, which shall apply to the Service Associations of all regular civil employees of the Government, except; (a) Gazetted Services; (b) Persons in industrial establishments employed mainly in managerial or administrative capacity, and those who being employed in supervisory capacity drawing salary in pay scales above Rs.3200/- per mensem; and (c) Police Personnel,” the circular further read.
“These rules further provide, i) Service Associations already recognised: A Service Association which has been recognised by the Government before the commencement of these rules and in respect of which the recognition is subsisting at such commencement, shall continue to be so recognized for a period of one year from such commencement or till the date on which the recognition is withdrawn, whichever be earlier; ii) Rule 6(k): Conditions for continuance of recognition of Service Association:- The Service Association shall not do any act or assist in the doing of any act which, if done by a Government servant, would contravene any of the provisions of the Services (Conduct) Rules and iii) Rule 9: Withdrawal of Recognition: If in the opinion of the Government, a Service Association recognised under these rules has failed to comply with any of the conditions set out in rule-5 or rule-6 or rule-7, the Government may, after giving an opportunity to the Service Association to present its case, withdraw the recognition accorded to such Association,” added the circular.
“In terms of O.M No: GAD-ADMOIII/158/2023-09-GAD dated 03.11.2023, all the Administrative Secretaries were requested to circulate the instructions to employees in their respective to desist from Department(s) all such uncalled for demonstrations and strikes: an act of serious indiscipline and misconduct,” it stated.
“Further, the Supreme Court in case Appeal (Civil) No.5556/2003 titled T.K. Rangarajan vs Government of Tamil Nadu (SC 2003) has held that the employees have fundamental, statutory or moral right to resort to strike as there is no law regarding it, and also, according to various service and conduct rules, they are prohibited to go on a strike,” reads the circular.
The Apex Court, as per the Circular, further stated: “A strike is a powerful weapon; it affects the society as a whole, and the government employees cannot go on a strike affecting society. Even if there is injustice to some extent, as presumed by such employees, in a democratic welfare State, they have to resort to the machinery provided under different statutory provisions for redressal of their grievances. Strike as a weapon is mostly misused which results in chaos and total maladministration.”
“The instructions/rules are brought to the notice of all concerned, and if any employee is found indulging in organizing, or taking part in demonstration(s) and/or strike(s) in violation of the rules and instructions mentioned above, strict action as per law shall be taken against such employee(s),” added the circular.