PremiumThe Kerala High Court on Monday directed the LDF administration to forthwith issue orders preventing its employees from abstaining from duty as part of the two-day nationwide strike
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In line with the orders of the high court, the Kerala government on Monday informed that disciplinary actions will be taken against its employees who abstain from work by participating in the strike on Tuesday, as part of the national-level strike.
“Certain organisations of state government employees and teachers have gone on strike on 28 and 29 of March 2022 in connection with the national level strike," read a government order.
In view of this, it added: “The unauthorised absence of employees participating in the strike will be treated as dies-non, under Rule 14 A of Part I, KSR. The pay for the days in which the strike is taking place will be withheld from the salary for the month of April 2022."
It said that no leave of any kind shall be granted to government employees and teachers etc. for the strike.
This comes after the Kerala High Court on Monday directed the LDF administration to forthwith issue orders preventing its employees from abstaining from duty as part of the two-day nationwide strike.
The court said government servants should not engage in any concerted or organised slowdown of work.
A bench of Chief Justice S Manikumar and Justice Shaji P Chaly directed the state to also issue orders enabling the operation of vehicles so that employees can report for duty.
The directions came on a plea by a lawyer – Chandra Chooden Nair S – alleging that the government was aiding and assisting the strike on 28 and 29 March by permitting leave with salary to its employees taking part in it instead of declaring 'dies non' (no work, no pay).
In his petition, Nair sought to ensure compulsory attendance of the employees, disciplinary action against those abstaining from work and a declaration that the strike was unconstitutional.
The state, represented by Advocate General (AG) K Gopalakrishna Kurup, contended that the plea was delayed as the strike was called for in February and the trade unions who called for the strike have not been made a party and if any employee abstains from work in violation of service rules, disciplinary action can be taken.
He urged the court not to issue an interim order prohibiting the government staff from participating in the strike.
The bench, however, said Rule 86 of the Kerala Government Servants Conduct Rules makes it clear that no government servant shall engage himself or herself in any strike or in any similar activities.
"Government servants should not engage themselves in any concerted or organised slowing down or attempt at slowing down government work or in any act, which has the tendency to impede the reasonably efficient and speedy transaction of government work. Concerted or organised refusal on the part of government servants to receive their pay will entail severe disciplinary action," the Bench said.
"...we are of the view that the government should also take adequate steps to prevent the government servants from engaging in any activity specified in Rule 86," it added.
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