Plea in Bombay HC to declare government employees' strike over old pension scheme as illegal

Plea in Bombay HC to declare government employees' strike over old pension scheme as illegal

The High Court has asked the government pleader to seek instructions and inform the court by Friday.

Urvi MahajaniUpdated: Thursday, March 16, 2023, 07:24 PM IST
article-image
Bombay HC | PTI

A plea has been filed in the Bombay High Court against the indefinite strike by State Government Employees โ€“ paramedics, sanitation workers and teachers, demanding implementation of the Old Pension Scheme (OPS) โ€“ saying that it is affecting patients and students alike.

๐—ฆ๐—ฎ๐—ฑ๐—ฎ๐˜ƒ๐—ฎ๐—ฟ๐˜๐—ฒ ๐—ณ๐—ถ๐—น๐—ฒ๐˜€ ๐—ถ๐—ป๐˜๐—ฒ๐—ฟ๐˜ƒ๐—ฒ๐—ป๐˜๐—ถ๐—ผ๐—ป ๐˜๐—ผ ๐˜€๐˜๐—ผ๐—ฝ ๐—ฒ๐—บ๐—ฝ๐—น๐—ผ๐˜†๐—ฒ๐—ฒ ๐˜€๐˜๐—ฟ๐—ถ๐—ธ๐—ฒ

Advocate Gunaratan Sadavarte filed an intervention application seeking directions to the striking employees to immediately withdraw the ongoing strike over the new and old pension scheme issue of Maharashtra government employees.

๐— ๐—ฎ๐—ต๐—ฎ๐—ฟ๐—ฎ๐˜€๐—ต๐˜๐—ฟ๐—ฎ ๐—ด๐—ผ๐˜ƒ๐˜ ๐—ฒ๐—บ๐—ฝ๐—น๐—ผ๐˜†๐—ฒ๐—ฒ๐˜€ ๐—ผ๐—ป ๐˜€๐˜๐—ฟ๐—ถ๐—ธ๐—ฒ ๐—ผ๐˜ƒ๐—ฒ๐—ฟ ๐—ฑ๐—ฒ๐—บ๐—ฎ๐—ป๐—ฑ ๐—ณ๐—ผ๐—ฟ ๐—ข๐—ฃ๐—ฆ

Lakhs of employees in Maharashtra have been on an indefinite strike since March 14, 2023, seeking restoration of the Old Pension Scheme (OPS), which had been scrapped in 2005 by the then state government. The strike has reportedly affected the health services at government hospitals, schools, and colleges. It has also impacted government offices in rural areas.

Sadavarte mentioned the plea before a bench of Acting Chief Justice SV Gangapurwala and Justice Sandeep Marne pointing out that the strike includes public health service employees working in state-run hospitals, sanitation workers and teachers.

๐—ฃ๐—ฎ๐˜๐—ถ๐—ฒ๐—ป๐˜๐˜€ ๐—ถ๐—ป ๐—ด๐—ผ๐˜ƒ๐˜ ๐—ต๐—ผ๐˜€๐—ฝ๐—ถ๐˜๐—ฎ๐—น๐˜€ ๐˜€๐˜‚๐—ณ๐—ณ๐—ฒ๐—ฟ๐—ถ๐—ป๐—ด ๐—ฑ๐˜‚๐—ฒ ๐˜๐—ผ ๐˜€๐˜๐—ฟ๐—ถ๐—ธ๐—ฒ: ๐—ฆ๐—ฎ๐—ฑ๐—ฎ๐˜ƒ๐—ฎ๐—ฟ๐˜๐—ฒ

He submitted that due to such strikes, patients in government-run hospitals were suffering. Also, citizens, who required documentation from various departments, were also returning empty handed as their work was getting stalled. The application pointed out that the timing of the strike overlapped with the upcoming Class 10 and 12 board examinations.

Sadavarte's application has been filed in a pending public interest litigation of 2014 where the court had expressed hope that no more strikes would occur, leading to suffering for patients.

The advocate clarified that while he was not against the rights of the employees, such strikes should not affect the citizens and students. His application states that the government has announced that it would set up a committee to look into the demand. He argued that without looking into the โ€˜positive/ affirmative stepsโ€™ taken to look into the demands, the employees proceeded to go on an โ€˜illegal strikeโ€™ and continue to do so.

โ€œDue to this, the services in hospitals, educational institutes, government establishments, tax offices and even the district collector offices have completely shut,โ€ read the plea. It adds: โ€œNot getting the treatment well in time and postponement of surgeries due to the strike is violation of Article 21 of the Constitution of India. The strike would be a political tool and due to which the innocent citizens should not suffered.โ€

๐—ฃ๐—น๐—ฒ๐—ฎ ๐˜‚๐—ฟ๐—ด๐—ฒ๐˜€ ๐—ฐ๐—ผ๐˜‚๐—ฟ๐˜ ๐˜๐—ผ ๐—ฑ๐—ถ๐—ฟ๐—ฒ๐—ฐ๐˜ ๐—ฒ๐—บ๐—ฝ๐—น๐—ผ๐˜†๐—ฒ๐—ฒ๐˜€ ๐˜๐—ผ ๐—ฐ๐—ฎ๐—น๐—น ๐—ผ๐—ณ๐—ณ ๐˜€๐˜๐—ฟ๐—ถ๐—ธ๐—ฒ

Further, the strike is against provision of the Maharashtra Essential Services Maintenance Act, 2023 (MESMA).

The plea urged that the court direct the employees to call off the strike. Also, he has prayed for the court to call for records on the strike to find out the number of employees on strike and also if there have been any casualties due to such a strike.

RECENT STORIES

Mumbai News: WR To Get New AC Rake By May Amid Recent Surge In AC Tickets Sale

Mumbai News: WR To Get New AC Rake By May Amid Recent Surge In AC Tickets Sale

Central Railway To Run 8 Fully Air-Conditioned Summer Special Trains Between Mumbai To Danapur &...

Central Railway To Run 8 Fully Air-Conditioned Summer Special Trains Between Mumbai To Danapur &...

Salman Khan Residence Firing Case: Accused Sonu Kumar Bishnoi & Anuj Thapan Remanded To Custody Till...

Salman Khan Residence Firing Case: Accused Sonu Kumar Bishnoi & Anuj Thapan Remanded To Custody Till...

Maharashtra Lok Sabha Elections 2024: Residents Of Village In Parbhani Constituency Boycott Polls...

Maharashtra Lok Sabha Elections 2024: Residents Of Village In Parbhani Constituency Boycott Polls...

FPJ Cyber Secure: Mumbai Woman Duped Of โ‚น25 Crore In Largest Online Fraud Case; No Progress In...

FPJ Cyber Secure: Mumbai Woman Duped Of โ‚น25 Crore In Largest Online Fraud Case; No Progress In...