Senior counsel CV Mohan Reddy, arguing for the APNGOs’ association, on Wednesday urged the High Court to leave the ‘present issue’ (indefinite strike) to the State government for taking appropriate action.
“It cannot be said that the court has no power to act on the issue, but the issue has to be left to the government to decide as it involves political and administrative aspects. Facts and circumstances of each case have to be looked into before issue of a mandamus”, he noted.
Continuing his arguments before a division bench comprising Chief Justice Kalyan Jyoti Sengupta and Justice K C Bhanu, which is hearing two public interest litigation petitions filed by V Ravi Kumar, an advocate, and T Danaiah, president of the All India BC, OBC Party, seeking to declare the ongoing indefinite strike by the APNGOs and Seemandhra Secretariat Forum as illegal, Mohan Reddy said the government has discretionary powers to either act against the striking employees or ignore it. In fact, there is no prohibition on strike under the Civil Service (Conduct) Rules. However, the government could take action against the striking employees under the Essential Services Maintenance Act, he said.
Intervening, the Chief Justice observed that as per the Supreme Court judgment, a decision has to be taken based on the facts and circumstances of a case. In the present case, the government could have used its discretionary powers keeping the larger public interest in view, he felt, adding that ultimately, it is for the people to benefit and governments are meant for their welfare.
The senior counsel said if action was taken under ESMA against the six lakh employees who are on strike, it is the government which will suffer a lot. Ultimately, the people will also get affected if any action is taken against the employees, he reasoned, pointing out that it will be difficult for the government to replace existing employees as the new ones lack experience to implement policy decisions. “In fact, the employees went on strike to protest against a ‘drastic decision’ taken by a ‘political government’. Hence, the present issue has to be left to the government to decide,” he added.
Mohan Reddy pointed out that the petitioners have not said that the government has failed in its duties in respect of the strike and have also not made a representation to the government before approaching the court on the issue.
The bench agreed with his contention, saying that the petitioner has not sought “demand for justice” by making a representation to the government. Arguments will continue on Thursday as the court proceedings were suspended before noon in view of the Ganesh immersions in the city.