Why in news:

• The state government recently invoked the Rajasthan Essential Services Maintenance Act (ESMA) on Rajasthan State Road Transport Service Corporation (RSRTC) ahead of a proposed strike by Rajasthan roadways employees,
• RSRTC's services have been declared as most essential for a period of three months after the invocation of the Act

Key Points:

• The roadways employees had announced going on a strike recently to press for various demands, including implementation of the 7th Pay Commission recommendations, new recruitment and ex-gratia, among others.
• The home department issued an order to declare RSRTC services as most essential while exercising powers under the Rajasthan Essential Services Maintenance Act (ESMA).
• The order also, in effect, has restricted the proposed strike.
• As per the protesting staff’s Sanyukt Morcha convener the decision has been taken for a one-day strike since the demands of the roadways employees had not been fulfilled.
• Additionally, the recent decision of the chief minister for payment of Rs 476 crore gratuity to retired roadways employees before Diwali has not served the purpose.
• The protesting staff have been complaining that pending allowances of Rs 100 crore of retired drivers and conductors have not been included in the announcement.
  
  
  
   

The Essential Services Maintenance Act (ESMA):

• This expression is often heard a lot whenever there is a major strike or bandh by aggrieved government employees.
• Under the Act, the government can invoke to prohibit striking employees from refusing to work in certain essential services, which are necessary for the maintenance of normal life in the country.
• The Essential Services Maintenance Act (ESMA) was enacted in 1968, to maintain “certain essential services (which if obstructed would) affect the normal life of the community”.
• The Essential Services Maintenance Act empowers the government to control production, distribution and supply of certain essential commodities.
• The ESMA is a law made by the Parliament of India under List No. 33 in Concurrent List of 7th Schedule of Constitution of India.
• Hence it maintains national uniformity by providing minimum conditions of essential services across the nation.
• For any violations in specific regions, State governments alone or together with other state government can enforce their respective act.

Major aims of the Act:

• Maintaining or increasing supplies of essential commodities
• Utilize the supply for equitable distribution and
• Fair price availability of essential commodities.
• The act also works against unethical trade practices like hoarding and black-marketing.
• In general, the government can invoke the Act to prohibit employees from refusing to work (strike) which can result in disruption of essential services.
• The government can also force them to work to bring balance in the essential supplies.

What are considered as essential services:

• Parliament and State governments have the power to decide any commodity as a “essential commodity”, if maintenance of supplies and services of commodities is necessary for sustaining life.
• Any service with respect to which the Parliament has power to make laws or the government feels that its discontinuation would affect the maintenance of supplies and services necessary for sustaining life is considered an essential service.
  
  
   

Services that fall under this category:

• Services related to public conservancy, sanitation, water supply, hospitals or related with the defence of the country are considered essential.
•  Any establishment dealing with production, supply or distribution of petroleum, coal, power, steel and fertilizers also falls 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.

Who has the power under ESMA?

• The Essential Services Maintenance Act is enacted under List III of concurrent list and entry no 33 in particular.
• Since the ESMA is concurrent legislation, Both State and Parliament have power under the legislation.
• Every state maintains their own ESMA list in general.

Legality of employees going on strike:

• A strike as such is not illegal, but the government is empowered to prohibit it if it feels that the strike is gravely disturbing public life.
• For that, the government has to issue a general or special order to end the strike.
• Any strike becomes illegal after the passing of this order.

What actions can be taken against the employees?

• Persons who commence the strike as well as those who instigate it are liable to disciplinary action, which may include dismissal.
• As the strike becomes illegal after EESMA is invoked, legal action can also be taken against these employees.
• Any police officer is empowered to arrest the striking persons without a warrant.
• Persons participating in or instigating the strike are punishable with imprisonment, which may extend to one year or with fine or with both