The Maharashtra government has invoked the provisions of the Maharashtra Essential Services Maintenance Act (MESMA) restraining the employees of the three State-run power companies from participating in the strike.
Here we'll give you insights on what exactly (MESMA) or (ESMA) is:
1. What is ESMA?
ESMA refers to Essential Services Maintenance Act which is an act that can be invoked by any government to forbid employees related to certain essential services from going on strikes. This act binds them to revoke their actions of refusal to work. In Maharashtra's case, the Maharashtra Essential Services Maintenance Act (MESMA) is invoked to prohibit energy workers strike.
2. What are essential services?
The essential services are a wide range of services which are considered to be very important with the aspect of life sustainment. Hence, discontinuation of such services would affect the society. As a result the Parliament has attained all powers to make laws on such services if they feel compromised.
3. Services falling under essential category
Services related to important matters like sanitation, water supply, hospitals or defence-related services are primarily considered as essential. Further adding, services dealing with production, supply or distribution of petroleum, coal, power, steel and fertilizers also come under the essential services category.
Apart from this, any service in connection with banking can be subject to ESMA. Communication and transport services and any government undertaking related to the purchase and distribution of food grains are also subject to this act.
The employees can't even refuse to work overtime if their work is considered necessary for the maintenance of any of the essential services.
4. Are employee strikes for essential categories illegal?
The strikes announced by essential service workers are not illegal until the ESMA Act is imposed. Once the order is passed regarding the act, it the refrains the workers from continuing the strike ahead.
5. Can legal actions be taken against those on strike?
After the ESMA Act is invoked by the government, it gives all rights to the government and security services to carry out further legal actions. While on one hand, the government has powers to carry out disciplinary actions such as dismissal from post, the police on the other hand has powers to arrest employees on strike. The ones arrested can also face imprsionment until a year or a fine or in some cases both.
