Thursday 03 December 2020

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Goa Govt invokes ESMA to crush transport strike

 

In view of a nationwide transport bandh on 2 September in India, Goa government has invoked ESMA to crush the strike, making it illegal.

The Essential Services Maintenance Act, 1988 provides absolute powers to the government to declare any strike illegal and take action against the striking workers.

Adv Suhas Naik, Goa’s trade union leader, however claims that they have already given advance notice of the strike, legally.

Goa government today released the following communication:

“Government of Goa under Sub Section (1) of Section 3 of the Essential Services Maintenance Act 1988  ( Goa Act.20 of 1989) in the public interest it is necessary prohibited strike in any form in all Transport Services for the carriages of passengers or goods by land or water in the State of Goa with immediate effect.”

And sub-section 4 of the Act states it clearly:

 “Upon the issue of an Order under sub- section (I),-

(a) no person employed in any essential service to which the Order relates shall go or remain on strike;

(b) any strike declared or commenced, whether before or after the issue of the Order, by persons employed in any such service shall be illegal.”

The ESMA has been invoked since Goa’s public transport, including government-run Kadamba Transport Corporation, would be closed on 2 September.

In addition, trade union of river navigation department has also served strike notice, which means no ferry service would run in Goa.

Electricity and PWD departments have also served the strike notice, along with Maharashtra and Karnataka power department employees.

It means power failure could also affect Goa throughout the day, claims Adv Naik. 


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