Apex court order on right to strike under study: Govt

Govt employees protected by Articles 14, 60 and 311: Minister

The Centre yesterday said the Supreme Court judgment barring government employees from resorting to strike was under study after members in the Lok Sabha cutting across party lines sought enactment of a legislation for the restoration of the right and to make it a fundamental privilege.

"The Supreme Court judgment 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 told the members during discussion on a calling attention motion.

Asserting that the United Progressive Alliance government was committed to protecting the interests of workers and employees, he said the Supreme Court in its August 6, 2003 judgment in the TK Rangarajan vs Government of Tamil Nadu and others case had held that no right to strike"" whether fundamental, statutory, equitable or moral""was available to the government employees.

Despite the apex court order, certain constitutional guarantees were available to the government employees, he said.

"The government employees are protected by Articles 14, 60 and 311 of the Constitution, as well as Article 226, which say that the government employees can go in for arbitration," said Pachauri.

"Of the 240 awards, which had come up for arbitration, only 5 have gone against employees," he added.

The minister said even though India was not a signatory to the International Labour Organisation convention, as a participant in the convention, it would be accepting ILO recommendations.

"Even the ILO convention, Articles 81 and 97, speaks only of right to free association," Pachouri said.

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. A strong resentment prevailed among workers and employees all over the country, they added.

Several members including Varkala Radhakrishnan (CPI-M) said the government needed to convene an all-party meeting to discuss the issue. "The government needs to file a special leave petition against the order or frame legislation guaranteeing the right to strike," Radhakrishnan said.