After varsities, UP govt bans strike in UPSRTC under ESMA

Uttar Pradesh government today banned strike in all services of the UP State Road Transport Corporation (UPSRTC) under the stringent Essential Services Maintenance Act (ESMA).
"The government has banned strike in all services under the UPSRTC for a period of six months in public interest," principal secretary of the department Aradhana Shukla said.
ESMA gives police the powers to arrest without a warrant, anybody violating the Act's provisions. Under ESMA, employees in "essential services" are strictly prohibited from going on strike.
Set up in May 1947, the UPSRTC has nearly 25,000 employees, including 250 Class-I and II officers. It ferries over 540 million passengers annually in nearly 10,000 buses.

Today's decision follows a similar order on March 31 banning all kinds of strike by employees and teachers in state universities and colleges with immediate effect under the tough law.
The order said that any strike in the higher education institutions will remain banned "in public interest" for a period of three months till June 30.

The period has been chosen keeping in mind the busy academic calendar as a number examinations are scheduled in these three months.
The ban will be applicable to all services in universities, constituent colleges and affiliate colleges.
Uttar Pradesh has around 30 state universities, besides 25 private and 10 deemed varsities and close to 4,000 colleges including government, government-aided and self-finance.

The ESMA has a provision that allows the states to choose the essential services on which the Act can be invoked. Under its provisions, any person taking part in a strike shall be punishable with imprisonment for a term of up to six months.
Any person who instigates a strike which is illegal under the Act shall be punishable with imprisonment for a term of up to one year, as per provisions of the 1968 Act.