Himachal Pradesh invokes ESMA to block HRTC strike from midnight Wednesday
Synopsis
Key Takeaways
The Himachal Pradesh government on Tuesday, 23 June invoked the Essential Services Maintenance Act (ESMA) to prevent a strike by Himachal Road Transport Corporation (HRTC) employees, scheduled to begin from midnight Wednesday. The move prohibits participation in any strike or related activities, with strict penal action warned against violators.
Why the Strike Was Called
The HRTC Employees' Union had announced the strike citing long-pending demands that, it alleged, had gone unaddressed by management. The union's call came despite what the government described as continuous dialogue between HRTC management and employee representatives to resolve outstanding concerns.
Breakdown at the Negotiating Table
A meeting was convened on Tuesday at the Administrative Department level, chaired by the Additional Chief Secretary (Transport). However, talks collapsed when union representatives raised the issue of the transfer of one driver and demanded its immediate withdrawal. They walked out of the meeting without engaging on other pending demands, despite repeated requests from officials to continue discussions.
Legal Backing and Court Precedent
The government cited a Himachal Pradesh High Court order dated 13 June 2016 in CWP No. 1511/2016, which held such strikes by roadways employees to be illegal. Unions have been formally apprised of the legal provisions and judicial precedents governing such industrial action.
Contingency Measures to Keep Buses Running
HRTC has activated a contingency plan to ensure uninterrupted public transport across the state. The corporation has notified a policy for the temporary engagement of drivers on a day-to-day basis at fixed remuneration. A walk-in selection process is scheduled for Wednesday at 12 noon at all Regional Manager offices across Himachal Pradesh.
Government Appeal and Monitoring
HRTC management has appealed to union representatives to reconsider and withdraw the proposed strike in the larger public interest. The state government has said the situation is being closely monitored and all necessary steps are being taken to ensure service continuity for commuters across the hill state.