Satta Panchayat Representation to Chief Secretary Reg - JACTO-GEO Indefinite Strike...02-12-2018

Representation to take appropriate legal, administrative action to stop the indefinite strike by JACTO-GEO members and other staffs of Tamilnadu Government - Immediate publishing of public notice regarding DISMISSAL from service, if the employees continue to strike,.

02-12-2018
Chennai

From:

Senthil Arumugam

General Secretary, Satta Panchayat Iyakkam,

H42/3 West Avenue, Kamraj nagar,

Thiruvanmiyur 600041

Contact Number: 87545 80274

To:

1. The Chief Secretary

2. The Secretary, Personnel and Administrative Reforms Department

3. Home secretary, Secretariat Government of Tamilnadu,

Fort St George, Chennai - 600009

Subject: Representation to take appropriate legal, administrative action to stop the indefinite strike by JACTO-GEO members and other staffs of Tamilnadu Government - Immediate publishing of public notice regarding DISMISSAL from service, if the employees continue to strike

Respected Sir/ Madam,

As the JACTO-GEO executives are not satisfied with the response from Tamilnadu Government for their demands, they have announced an indefinite strike from December 04, 2018 across the state of Tamilnadu. The super cyclonic storm, Gaja, has devastated and deeply affected 9 districts of Tamilnadu. Lakhs of trees and electricity poles were uprooted and the initial cost damage alone amounts to Rs. 15000 crores. It is to be noted that even after 15 days since the cyclone, many parts of the districts are still facing issues of no electricity, food and water facilities. Schools haven't been repaired and academics of the students has affected because of the cyclone. An accurate survey is essential for the proper relief and rehabilitation of the affected people. A full scale detailed survey is yet to happen. The effort of the Government employees in full swing is essential to restore the normalcy of the affected districts. It is to be noted that the strike is being called for, when Tamilnadu is reeling under such a calamity. Hence we are sending this representation.

It is to be noted that Tamilnadu Government Servants’ Conduct Rules 1973, and high court, Supreme court's judgements and observation clearly articulates that the Government employees do not have legal rights to strike.  

Here is the reproduce of Tamilnadu Government Servants’ Conduct Rules 1973:

THE TAMIL NADU GOVERNMENT SERVANTS' CONDUCT RULES, 1973 (Corrected up to 09th March, 2010 by Personnel & Administrative Reforms (A) Department) :

22.  Strikes - No Government servant shall engage himself in strike or in incitements thereto or in similar activities.  

Explanation  - For the purposes of this rule the expression `similar activities' shall be deemed to include the absence from work or neglect of duties without permission and with the object of compelling something to be done  by his superior officers or the Government or any demonstrative fast usually called "hunger strike" for similar purposes.

  

Here is some references from SUPREME COURT JUDGEMENTS:

Since 1962, the Court has been reiterating that Government employees do not have moral rights to strike through various cases. In Kameshwar Prasad and others v. State of Bihar and another [(1962) Suppl. 3 SCR 369] this Court (C.B.) held that the rule in so far as it prohibited strikes was valid since there is no fundamental right to resort to strike.

In T.K. Rangarajan vs Government Of Tamil Nadu & Others on 6 August, 2003, The honorable Supreme court of India has clearly said that"... Finally, it is made clear that employees who are reinstated in service would take care in future in maintaining discipline as there is no question of having any fundamental, legal or equitable right to go on strike. The employees have to adopt other alternative methods for redressal of their grievances."

Though the government officials are well aware of the legalities, they have declared various protests and indefinite strike. As the laws and judgements are self-explanatory, we request you to consider the following action to stop the indefinite strike by JACTO-GEO:

1. Publish a public notice in Newspapers and TV Channels quoting the Tamilnadu Government Servants’ Conduct Rules 1973, supreme court judgements with regard to strike. The public notice should give a clear message to JACTO-GEO that, it is illegal to go on for strike.

2. The public notice should also mention about the consequent action that will be taken on those who proceed with strike. It may be about departmental action, suspension from service and dismissal from service, if warranted.

We are sending this representation in the interest of voiceless citizens of Tamilnadu, who will be affected due to this indefinite strike. Kindly consider to take the above listed action and also other appropriate action to stop the indefinite strike.

Thanks,

Senthil Arumugam

General Secretary, Satta Panchayat Iyakkam