Essential Services (Maintenance) Act (ESMA)

• The Odisha Government invoked the Orissa Essential Services (Maintenance) Act (ESMA) prohibiting strikes by paramedical staff, including nurses, pharmacists, technicians, Class III and IV employees, to ensure that medical services are not disrupted.
• As per Section 2 (b) of the Orissa Essential Services (Maintenance) Act, 1988, strike means the cessation of work by a body of persons employed in any essential service acting in combination or a concerted refusal or refusal under a common understanding of any number of persons who are or have been so employed to continue to work or to accept employment and includes unauthorised absence from duty.

ABOUT ESMA

• The Essential Services Maintenance Act is an act of parliament 1968  under list no. 33 in the  7^th schedule under the concurrent list of the Indian constitution.
  • Each state has its own unique and separate provision of the Essential services maintenance act.
• It empowers the government  to define any economic activity  or service as essential  whose obstruction would affect the normal life of the people.
  • For e.g- Hospital sector, services like electricity, water supply , telephone, air traffic control.
• It is a principal and typical method of states to handle strikes by its employees.
• It can be imposed for a maximum period of 6 months and can be extended.
• The act gives the police the right to arrest the protestors without warrant violating the act’s provisions.

ABOUT RIGHT TO STRIKE

• It is a basic right of workers, a principle means to legitimately promote and defend their economic and social interest.
• Under article 19, right to protest is a fundamental right but not right to strike.
• It is a legal right with restrictions as per Industrial dispute act 1947.