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Supreme court ruling and the right to strike by government
employees
The final ruling of the Supreme
Court on the Government employees’ right to strike in connection
with employees strike in Tamilnadu issued on 6 August’03 has
gravely shocked and astonished the All India State Government
employees Federation, the entire community of government
employees and for that matter the entire trade union movement of
the country. AISGEF and almost all trade unions have roundly
condemned this infamous ruling. And not only, the trade unions,
even many prominent legal practitioners have come out against
that ruling. The public criticism made by a legal luminary of
the stature of Shri Soli Sorabji, Attorney General of the
Government of India on 10 August’03 has come out as a scathing
exposure of the harmful and anti-worker nature of the Supreme
Court ruling.
Strange and Bizarre Arguments
Besides enthusiastically
justifying the unheard of repression let loose by the Tamilnadu
Govt. on the employees and teachers, some of the points made by
the Supreme Court are really amazing.
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(a) |
The Supreme Court has accepted
Tamilnadu Govt’s hypocritical plea that while thousands
and thousands of men and women of the country are not
getting jobs, strike by the Govt. employees is
impermissible! What a logic! May we ask whether the
employees are responsible for this formidable situation of
unemployment or particularly the employees who conducted
strike against the drastic cut in their pensionary
benefits. It seems from the Tamilnadu Govt’s plea as
approved by Supreme Court that employees are responsible
for this alarming situation of unemployment as if the
employees are the policy makers of the country and not the
Central or State Governments! |
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(b) |
It is emphasized in the ruling
that Government employees have no legal or moral right to
strike. The fact is that the Constitution of India neither
granted any right to strike to any body nor opposed it. On
the issue of strike, the Constitution is silent. So, how
can it be claimed that the government employees have no
legal right to strike? And what about the morality here.
The question of morality does not arise when the Govt.
severely cuts down the benefits and let loose extremely
vindictive repression, but when the employees go on
strike, the question of moral right suddenly comes up. |
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(c) |
It is said that the government
employees can never claim right to strike holding the
society at ransom. Are not the government employees and
the working class in general a part of the society? If
pension and other social security-benefits earned by the
millions of employees are snatched away and millions
remain jobless – does not this policy seeks to destroy the
society? Then who holds the society at ransom? The
employees or the Government and its notorious policies? |
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(d) |
It is said that as an instrument
of protest strikes are often misused and create chaos and
indiscipline and there are other avenues for expressing
the grievances. We ask when all other attempts for
negotiated settlement of the disputes or any protest rally
or demonstration etc. are ignored by the Govt., which are
the other avenues of settling the grievances remain open
for the employees? Employees use strike as the last weapon
when all other measures fail – then can any one show that
as an instrument of struggle, strike is often misused for
creating chaos? |
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(e) |
It is said that if instead of
going on strike, the employees work hard and honestly then
that will be appreciated by the Govt. as well as the
public. Good sermon indeed! May we ask, when economic
benefits and social security measures will be cut down,
employees will lose jobs by downsizing, privatization,
closure, contractualization, etc. and when the employees’
very existence is put at stake or lose their jobs even
then the employees should be advised to work hard? Is it
not really fantastic? |
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(f) |
The Division Bench of the Supreme
Court has refused to deal with the grievances and
Tamilnadu Govt’s adamant stand refusing to resolve it,
though these were the sources for the strike action since
July 2, 2003. This also very strange while the Bench has
dealt with and justified other measures which go against
the employees. |
Moreover, according to the Division Bench of Supreme Court,
while the trade unions have right to collective bargain- they
have no right to strike. Broadly this observation directly goes
against all trade unions. It may be recalled that the working
class throughout the world established their right to strike by
bitter struggles and sacrifices and the Indian Trade Union Act
1926 and Industrial Dispute Act 1947 are product of these
struggles. A logical part of collective bargaining is strike as
the last weapon. This has been universally recognized. More so,
right to strike by workers and employees have not been
established by Rulings or Fatwas anywhere in the world –
although in India which is boasted as the ‘biggest democracy’ of
the world, this universal right is now flatly denied, while in
‘lesser democracy’ like U.K. and France, these rights are
recognized by law also. This is the difference between the
‘biggest democracy’ and the ‘lesser democracies’!
In addition, it is said in the
ruling that the workers have no legal right to paralyze the
economic and industrial activities of the country. The workers
take part in strike when all other activities fail to get any
response from the Govt. or the management. But may we ask, can
it be contradicted factually that the present policy of the
Govt. is not leading to actual deindustrialization of the
country when big industrial concerns are being closed down,
profit making Public Sector units which were built as the pillar
of economic self-reliance of the country are being destroyed by
privatization and the country’s resources and the economy are
being handed over to the foreign multinationals? Is not the
policy of the Govt. solely responsible for this destructive act?
May we ask that while Supreme
Court ruling in connection with a case on disinvestments said
that according to WTO regime, the Govt. has no option but to
disinvest, then why not the Govt. recognizes the right to strike
of the Govt. employees as mandated by a number of ILO
Conventions, the Convention No.151 in particular while India is
a founder member of ILO? In one case like disinvestment, the
Govt. is bound by international obligations to WTO since it
promotes Capitalist interests, but in regard to labour and Govt.
employees’ right to strike, the Govt. has no moral or
international responsibility to abide by these mandates of ILO
because these seek to protect labour interests. May we remind
that even the Second Labour Commission whose recommendations we
opposed, has categorically emphasized that India had an
obligation to fulfill the ILO’s four-point Declaration on
Fundamental Principles of Rights at Work 1998 in the background
of which ESMA stands by universal standards a lawless law. But
Supreme Court is silent on it.
In fact, the Govt of the country
is faithfully following the dictates of international capitalist
interests represented by IMF-World Bank & WTO in regard to
economic deprivation of the employees and workers, creating
severe joblessness by outright closure, downsizing,
privatization and contractualization combined with the policy of
world capitalism to build a ‘trade union free world’ – and the
present situation is the result of these fatal policies of the
Govt. and all organs of the Capitalist State are being used to
promote these anti-worker and anti-people policies promoted by
MNCs, indigenous monopolies and imperialist interests.
Fight will continue come what may
The world over the working class
movement has been born and committed to protect and promote the
interests of the labour and in India also the working class will
continue to fight against these policies for a decent society to
live in facing whatever obstacles may lie in its path.
In view of the dangerously
delicate situation arising out of Tamilnadu strike, where more
than 6000 employees still remain dismissed, many others
suspended and the rest compelled to sign a bond before
reinstatement and the Division Bench of the Supreme Court
justifying these indignities and oppressions , the AISGEF is
pledged to protect the interests of the employees and their
human dignity at all costs. With this end in view among other
activities:
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1. |
AISGEF will organize nationwide
protest action – All India Protest Day on 13 August, 2003
being one of these protest measures; |
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2. |
Along with Central Govt.
Employees’ Confederation and other trade unions, national
federations and mass organizations, AISGEF will take
initiative for a National Convention of Trade Unions
against the bizarre situation arising out of Tamilnadu
Employees strike; |
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3. |
AISGEF will contact different
legal luminaries, academicians, prominent personalities of
other walks of life to register their protest against the
brutal repression in Tamilnadu and Supreme Court’s
unprecedentedly shocking ruling; |
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4. |
AISGEF will approach all trade
unions, mass organizations, Members of Parliament, the
Prime Minister of India and other eminent political
personalities so that a law is passed in Parliament
granting full trade union rights including the right to
strike of the Govt. employees as is enjoyed by the govt.
employees in U.K., France and many other countries. It may
be recalled that the only authority to make any law vests
with the Parliament and not with any other institution or
authority. |
We fervently appeal to all
democratic minded people and institutions of the country to
stand by us in our resolve to remedy this repugnant situation
and protect democratic norms and rights.
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