⇒ Recently, Parliament passed the Essential Defence Services Bill, 2021.
The Bill seeks to replace the ordinance promulgated in June 2021. It allows the Central government to prohibit strikes, lock-outs, and lay-offs in units engaged in essential defence services.
The new Bill also amends the Industrial Disputes Act, 1947 to include essential defence services under public utility services.
Essential Defence Services:
» Production of goods or equipment required for defence-related purposes
» Any establishment of the armed forces or connected with them or defence.
» In addition, the government may declare any service as an essential defence service if its cessation would affect the:
- Production of defence equipment or goods
- Operation or maintenance of industrial establishments or units engaged in such production
- Repair or maintenance of products connected with defence
Under the new Bill, a strike is defined as:
- It is defined as cessation of work by a body of persons acting together. The definition of strike includes slowdown of work, refusal to work overtime and mass casual leave.
Punishment for illegal lock-outs and lay-offs:
Employers violating the prohibition order through illegal lock-outs or lay-offs will be punished with up to one-year imprisonment or Rs 10,000 fine or both.
Punishment for illegal strikes:
- Persons initiating or participating in illegal strikes will be punished with up to one-year imprisonment or Rs 10,000 fine or both.
- Persons instigating, inciting, or taking actions to continue illegal strikes, or knowingly supplying money for such purposes, will be punished with up to two years imprisonment or Rs 15,000 fine, or both.
- All offences punishable under the Bill will be cognisable and non-bailable.