Read Time: 04 minutes

The Delhi High Court today issued notice on a plea challenging the constitutional validity of the Essential Defence Services Act, 2021, which prohibits the right to strike by personnel engaged in essential defence services.

The Division bench of Chief Justice DN Patel and Justice Amit Bansal has sought response from the Centre and the Ministry of Defence on a petition filed by All India Defence Employers Federation comprising more than 400 registered trade unions of defence civilian employees.

Senior Advocate Sanjay Parikh appearing for the petitioner Association argued that the right to strike is s statutory right, however the Act provides for serious consequences, including dismissal from service without any inquiry and initiation of criminal proceedings, for participation in strikes.

The Court however said “ In Essential Services also you want to go for a strike…suppose a war is going on, what will happen then?”

The Court further observed that the Parliament had made the law in its own wisdom and it reflected the desire of the people and if the law did not want people to go on a strike, the petitioner could not go against such mandate.

However hearing the petitioner at length the Court issued notice in the plea.

Opposing the Act the petitioner Association has submitted that “relationship between an employer and an employee is generally regarded a civil contract for which civil remedies can be claimed by either party. But after the introduction of the Act, the scenario will change for both the employers and employees as the Government has brought criminality to any act.”

The Essential Defence Services Ordinance, 2021 was promulgated on June 30, 2021.  The Ordinance allows the central government to prohibit strikes, lock-outs, and lay-offs in units engaged in essential defence services.

The Court has listed the matter for next hearing on November 16.

 

Case Title: All India Defence Employers Federation and anr vs UOI and anr