ESMA

This expression is bandied about whenever there is a major strike or bandh. It is the acronym of a law, Essential Services Maintenance Act (Esma), which the government can invoke to prohibit striking employees from refusing to work in certain essential services, which are necessary for the maintenance of normal life in the country.

What are essential services?

Any service with respect to which the Parliament has power to make laws or the government feels that its discontinuation would affect the maintenance of supplies and services necessary for sustaining life is considered an essential service.

Which services fall under this category?

Services related to public conservancy, sanitation, water supply, hospitals or related with the defence of the country are considered essential. Any establishment dealing with production, supply or distribution of petroleum, coal, power, steel and fertilizers also falls under the essential services category. Apart from this, any service in connection with banking can be subject to Esma. Communication and transport services and any government undertaking related to the purchase and distribution of food grains are also subject to this act. The employees can't even refuse to work overtime if their work is considered necessary for the maintenance of any of the essential services.

Is it illegal for these employees to go on strike?

A strike per se is not illegal, but the government is empowered to prohibit it if it feels that the strike is gravely disturbing public life. For that, the government has to issue a general or special order to end the strike. Any strike becomes illegal after the passing of this order.

What actions can be taken against the employees?

Persons who commence the strike as well as those who instigate it are liable to disciplinary action, which may include dismissal. As the strike becomes illegal after Esma is invoked, legal action can also be taken against these employees. Any police officer is empowered to arrest the striking persons without a warrant. Persons participating in or instigating the strike are punishable with imprisonment, which may extend to one year or with fine or with both.