Kochi: The Kerala High Court on Monday barred government employees from participating in the ongoing two-day nationwide strike which began earlier in the day and asked the state government to declare dies non on both days.
The high court's order came on a day when public life as well as government functioning came to a halt in Kerala with a number of trade unions staging a strike against the policies of the union government. Only 32 of the 4,824 staff were present at the Kerala government secretariat on Monday.
A Division Bench of Chief Justice S Manikumar and Justice Shaji P Chaly passed the order declaring that the ongoing strike of government employees was illegal. The court directed the state to issue directive prohibiting such a strike while adding that no government servant shall participate in the strike.
The court order came in a petition moved through lawyer V Sajith Kumar seeking a directive to the government to ensure compulsory attendance of government servants on the general strike days of March 28 and 29 and initiate disciplinary proceedings as per Service Rules against those employees who abstain from work, LiveLaw reported.
As per Rule 14 (a) of Part I of Kerala Service Rules, the period of unauthorized absence of an officer on account of participation in a strike shall be treated as dies-non. Such an officer shall not be eligible for pay and allowance for that period and shall not even be counted for admissibility of earned leave, the petitioner said.
The petitioner had also sought to declare the ongoing strike unconstitutional.
He also cited an earlier Division Bench order which quashed an order regularising the absence on strike days as eligible with leave and salary and consequently directed the state government to verify the
attendance register and take action in this regard in accordance with the law.
The petitioner argued that instead of taking action, the government had extended unbridled support to the national strike on March 28 and 29 by not declaring dies non or mandating compulsory attendance of government servants.
Govt seeks legal advice
Immediately after the court order came, the state government sought a legal opinion on the matter. The government will act on the order after getting the legal advice from the advocate general.
AITUC slams court order
The All India Trade Union Congress (AITUC), the workers' wing of the CPI, has questioned the high court order. AITUC leader K P Rajendran said the government officials belonging to his union will participate in the strike on Tuesday also.
He said the court order was against the workers' right to protest. He said a decision on filing an appeal against the order will be taken after consulting other unions.
The two-day nationwide strike called by trade unions on Monday had received support from Kerala State Road Transport Corporation and BPCL.