Yogi Government Invokes ESMA Again, Bans Strikes for 6 Months

Lucknow: In view of the employees of state-run undertakings, corporations and other public enterprises threatening to go on a strike ahead of the Uttar Pradesh (UP) Assembly elections, the Yogi Adityanath government invoked the Essential Services Maintenance Act (ESMA), 1981, on Sunday prohibiting any strike for six months.

A notification to this effect issued by additional chief secretary Devesh Kumar Chaturvedi stated: “Strike is being banned in any public service, corporations and local authorities which deal with the state affairs of Uttar Pradesh. Those who defy the orders will face legal action.”

ESMA empowers a state government to take action against employees who are engaged in essential services important for maintaining a normal life but are on strike or refuse to work. The police can arrest anyone without a warrant if the person is found to be violating the provisions. The Act has a provision of mandatory imprisonment which may extend to one year or a fine of Rs 1,000 or both.

The UP government had earlier banned strikes for six months during the surge in COVID-19 cases in May by invoking ESMA. The state had invoked ESMA in May last year as well and the order banning strikes was extended again for six months in November 2020.

Describing the ban on strikes as “anti-constitutional”, the State Employees Joint Council said that employees have the constitutional right to protest. “No government can snatch away the right, enshrined in the Constitution,” Harikishore Tiwari, president of the council told Newsclick adding that the “real motive for the imposition of ESMA is not to let the employees raise their genuine demands”.

The state employees are demanding implementation of the provisions of the 7th Pay Commission, retirement and medical benefits and payment of pending salaries. Undeterred by the imposition of ESMA, employee unions said they are ready to face the consequences and slammed the state government for not initiating a dialogue with them.

“The Yogi government is behaving like a modern-day Nero, the Roman emperor who infamously played the violin while the capital burned,” the Uttar Pradesh Teachers Association said.

On December 1, thousands of state employees, including government school teachers, pensioners, Shiksha Mitras, Anganwadi workers, sanitation workers and mid-day meal cooks, across the state joined a one-day rally demanding withdrawal of the Centre’s new pension scheme and restoration of the old one.

Anil Tiwari, media-in-charge, United Forum of Bank Unions, which had struck work on December 16 and 17 against the Banking Law Amendment Bill, 2021, which facilitates privatisation of two public sector banks, told Newsclick that the employees would not end the strike. “We will go on with the strike until the government rolls back its decision. We are not afraid of the state government’s decision to invoke ESMA and threaten action against us.”

The state government had invoked ESMA in the past as well but “the employees had defied it and held demonstrations for their rights. This time too, they would continue the fight even if they are jailed” Tiwari added.

Anganwadi workers have been demanding an increase in their honorarium and pension for several years in the state. Renu Shukla, president, ICDS Supervisors Association, UP, told Newsclick that “neither they will relent nor are afraid of the draconian law. We have been protesting for several months and will continue with our protest for genuine demands. The employees know how to teach the state government a lesson in the elections”.