KOCHI: Invoke the Essential Services Maintenance Act (ESMA) if Kerala State Electricity Board employees’ strike leads to power disruptions, the Kerala High Court has ordered.
Noting that the strike was against public interest, a division bench made the observation on Tuesday while taking up a petition filed by Arun Jose of Wayanad, seeking action against the KSEB Officers’ Association. The ongoing strike, the petitioner said, would disrupt power supply in the state and affect sectors such as tourism, industry and health care.
ESMA: Staff could face action
If ESMA is imposed, the board could initiate disciplinary action against the employees participating in the strike. However, the standing counsel for the officers’ association, B Premod, submitted that the strike was not disrupting the board’s day-to-day affairs.
It was only a dharna to protest against the board’s decision to suspend association leader Jasmin Banu for keeping away from work without taking leave during last month’s national general strike, he added. As per ESMA, the persons who instigate a strike, as well as those participate in it, are liable to disciplinary action, which may include dismissal.
As the strike becomes illegal after the Act is invoked, legal action could also be initiated against erring employees. Under ESMA, all police officers in the state are empowered to arrest the striking persons, who could face imprisonment or a fine, or both.