HC bars government employees from taking part in the 2 day strike

The Kerala High Court on Monday barred government employees from taking part in the National Convention of Workers' two-day nationwide strike against the Centre's policies and ordered the state to declare dies non on the protest days. It declared that government employees' participation in the ongoing two-day strike is 'illegal.'

A Division Bench of Chief Justice S. Manikumar and Justice Shaji P Chaly directed the State to issue directions prohibiting the same while adding that no government servant shall participate in the strike as it was against Rule 86 of the Kerala Government Servants' Conduct Rules, 1960.

"Reading of Rule 86 makes it manifestly clear that no Government servant shall engage himself in any strike or in any similar activities. Government servants should not engage themselves in any concerted or organised slowing down or attempt at slowing down Government work or in any act, which has the tendency to impede the reasonably efficient and speedy transaction of Government Work. Concerted or organised refusal on the part of Government servants to receive their pay will entail severe disciplinary action."

As a result, the State was directed to issue appropriate orders as soon as possible to prevent Government employees from participating in the strike, as well as to issue necessary orders to all Department Heads to ensure that Rule 86 is not violated and, if it is, to take appropriate action. It was directed that the government issue appropriate orders to allow the operation of vehicles in order for government employees to report to work.

The developments resulted in a Public Interest Litigation (PIL) filed by Advocate V. Sajith Kumar, seeking a directive from the government to ensure mandatory attendance of government employees on the general strike days of March 28 and 29, and to initiate disciplinary proceedings against those employees who do not show up for work, as per Service Rules.

The general strike was called for in February 2022, according to Advocate General K.Gopalakrishna Kurup, and the current writ petition was filed after a long period of time.

To alleviate the inconvenience and hardship caused to the public, this Court has prohibited bandhs in the state and directed the respondents to issue orders mandating the attendance of Government servants and declaring dies-non on days of General Strike.