Observing that "everything will come to a standstill if electricity was disrupted" in the national capital, Justice Sanjeev Sachdeva asked the contractual employees to defer their strike, slated from August 22, till the government decides whether to impose ESMA or not.
The court said that August 20 and 21 were holidays and a decision by the Lieutenant Governor on whether to impose Essential Services Maintenance Act (ESMA) would take time.
The court further said, "Can you put the entire public to risk? Hospitals, airport, schools will not get power. Everything will come to a standstill."
"You can go on strike a week or ten days later. What is so sacrosanct about August 22," it asked.
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The lawyer for the contractual employees then told the court the strike would be deferred if the discoms called them for negotiations, to which BSES Rajdhani and Yamuna agreed.
The judge, however, made it clear that "the union shall be bound by their statement not to go on strike till next date of hearing" on September 14.
During the hearing, the lawyer for the contractual employees told the court that they were only involved in billing and collections and had nothing to do with power supply. She also said that ESMA would not apply to them as they were contractual employees.
the discoms to invoke ESMA has moved from Department of Power to the Home Department and from there to Commissioner of Police for assessment of the law and order situation.
The government also said it would recommend invoking of ESMA, but it has to receive the approval of the LG.
The response of the government came after the court on August 17 had asked what decision has been taken on the discoms' representation for invoking ESMA.
The query came on the pleas of the two discoms, which had contended that apart from providing electricity to the people of Delhi, they were also responsible for power supply to hospitals, for street lighting, traffic signals and the airport.