SC verdict on strike under review

The recent Supreme Court judgement debarring employees from resorting to strike is under government review, Lok Sabha was informed on Wednesday.

"The Supreme Court judgement is under review. It is not proper for me to mention what is the view point of the government," Minister of State for Personnel and Public Grievances Suresh Pachauri said in reply to a calling attention motion.

Asserting that the United Progressive Alliance government is fully committed to protect the interest of workers and employees, Pachauri said the Supreme Court in its August 6, 2003 judgement in T K Rangaranjan vs Government of Tamil Nadu and others case had held that no right to strike -- whether fundamental, statutory, equitable or moral -- was available to government employees.

While participating in the debate on the motion, members suggested that Parliament was supreme and it should amend the Constitution to make the right to strike by workers and employees a fundamental right and a legislation should be enacted in this regard.

As regards the suggestion made by members that the government should convene an all-party meeting to find a way out in the light of the Supreme Court verdict, the minister said, "We are open to it."

Pachauri said the UPA government has made it clear in its Common Minimum Programme that it was committed to the welfare of all workers, particularly those in the unorganised sector who form 93 per cent of the work force.

Stating that the government has firmly rejected any automatic hire and fire policy, the minister noted some changes were required in labour laws and these would be incorporated keeping the workers' interest in mind.

He said industrial workers were covered under the Industrial Disputes Act of 1947 and were entitled to the right to strike.

In the case of those employed in public utility services, certain restrictions were there as these came under essential services. However, the employees have the right to go on strike provided they give a 15-day notice.

Government employees, he said, were covered under the conduct rules and their rights were protected under Articles 14, 16 and 311 of the Constitution.