The High Court held that the state government employees participating in the general strike are not entitled to constitutional protection under Article 19(1)(c).
Employee news: There is big news for the government employees and officers of Kerala. The Kerala High Court has directed the state government to take action against all government employees participating in the strike. The High Court said that state government employees participating in the general strike are entitled to constitutional protection under Article 19(1)(c) No.
The Kerala High Court on Thursday directed the state government to step up action against the employees who remained absent during the two-day nationwide strike last year. The court relied on a previous judicial order, which had said that government employees participating in protests affecting normal life would not be protected.
The Kerala High Court on Thursday directed the state government to take action against government employees who remained absent from work during the two-day nationwide strike last year. Along with this direction, the court also disposed of the lawyer’s petition, which alleged that the state government had given ‘no work, no salary’ to its workers involved in the strike against the policies of the Center on March 28 and 29, 2022. ‘ Instead of announcing, has helped by giving paid leave.
The state government kept its stand
A bench of Chief Justice S Manikumar and Justice Shaji P Chali referred to the statement filed by the government in the court. In which it was said that the salary of 1,96,931 employees has been withheld for being absent on March 28 and the salary of 1,56,845 employees for being absent on March 29. Disciplinary action was taken against 24 employees who remained absent on 28 March and against 4 employees who remained absent on 29 March. Steps are being taken to take action against the employees who participated in the agitation. This court said that the State Government should take whatever appropriate action is to be taken in this matter.
Action can be taken under this rule
A division bench of Chief Justice S. Manikumar and Justice Shaji P. Chali reiterated that public servants who participate in a general strike, affecting the normal life of the public and the exchequer, are liable under Article 19(1)(c) of the Constitution. not entitled to protection under The same held in the case of G. Balagopalan v. State of Kerala & Ors. that the workers or unions have no legal right under Article 19(1)(c) of the Constitution to call for general strike under the guise of guaranteeing a fundamental right or incite to strike. In such a situation, action can be taken against the delinquent government servants as per the provisions of the Kerala Service Rules and the Kerala Government Servants Conduct Rules, 1960.
