Lawstreet Journal

Government Servants Can't Participate in Any Strike; Absence of Work 'Dies Non': Kerela High Court

Lawstreet Journal 30 Mar 2022 8:12am

Image courtesy: Lawstreet Journal Judiciary Government Servants Can't Participate in Any Strike; Absence of Work 'Dies Non': Kerela High Court

Case Title: Chandra Choodan Nair S. v. State of Kerala 

Citation: 2022 LiveLaw (Ker) 149

The Kerala High Court on Monday barred the government employees from participating in the ongoing two-day nationwide strike organised by the National Convention of Workers against the policies of the Centre while directing the State to declare dies non on the protest days. It declared that the participation of government servants in the ongoing two-day strike is 'illegal'.

A Division Bench of Chief Justice S. Manikumar and Justice Shaji P Chaly directed the State to issue directions prohibiting the same while adding that no government servant shall participate in the strike as it was against Rule 86 of the Kerala Government Servants' Conduct Rules, 1960.

"Reading of Rule 86 makes it manifestly clear that no Government servant shall engage himself in any strike or in any similar activities. Government servants should not engage themselves in any concerted or organised slowing down or attempt at slowing down Government work or in any act, which has the tendency to impede the reasonably efficient and speedy transaction of Government Work. Concerted or organised refusal on the part of Government servants to receive their pay will entail severe disciplinary action."

The Court noted that the Government has not issued any directions to prevent Government Servants from joining strikes.    

  Stating that Trade Unions cannot be allowed to impede the functioning of the Government, the Court said :

"It is the duty of the welfare Government, to protect not only the citizens, but to continue with,… Continue Reading...

Tagged: kerala high court  
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