About the Essential Services Maintenance Act (ESMA):
- It is an act of the Indian Parliament enacted in 1968 to assure the supply of certain services that, if impeded, would harm people’s daily lives.
- It is enforced to prohibit striking employees from refusing to work in certain essential services. Employees cannot cite bandhs or a curfew as an excuse not to report to work.
- Which services fall under this category?
- Services relating to public conservation, sanitation, water supply, hospitals, or national defence are essential.
- Any establishment involved in producing, delivering, or distributing petroleum, coal, electricity, steel, or fertiliser also gets classified as providing essential services. Aside from that, any banking-related service may be subject to ESMA.
- This statute also applies to communication and transportation services and any government initiative relating to the acquisition and distribution of food grains.
- State governments, acting alone or collaborating with other state governments, can enforce their respective acts in specified territories.
- Each state has its own ESMA, with provisions that differ slightly from the federal statute.
- As a result, if the nature of the strike disturbs only one or more states, the states can initiate it.
- The Act also allows states to choose the essential services on which to enforce ESMA.
- In a nationwide interruption, particularly involving railways, the central government may activate the ESMA.
- What actions can be taken against the employees?
- Persons who commence the strike as well as those who instigate it are liable to disciplinary action, which may include dismissal.
- As the strike becomes illegal after ESMA is invoked, legal action can also be taken against these employees.
- Any police officer is empowered to arrest the striking person without a warrant.
- Persons participating in or instigating the strike are punishable with imprisonment, which may extend to one year, or with fine, or with both.
