ESSENTIAL DEFENCE SERVICES BILL, 2021
What is in news : Recently, the government introduced the Essential Defence Services Bill, 2021 in Lok Sabha.
What are Essential Defence Services :
- Any service in any establishment or undertaking dealing with production of goods or equipment required for defence
- Any establishment of the armed forces or connected with them or defence
- Includes services that, if ceased, would affect the safety of the establishment engaged in such services or its employees
- Government may declare any service as an essential defence service if its cessation would affect the:
- Production of defence equipment or goods.
- Operation or maintenance of industrial establishments or units engaged in such production.
- Repair or maintenance of products connected with defence.
- Replaces the ordinance issued in June 2021 and prohibits any agitation and strike by anyone engaged in the essential defence services.
- Defines cessation as
- Mass casual leave.
- Coordinated refusal of any number of persons to continue to work or accept employment.
- Refusal to work overtime, where such work is necessary for maintenance of essential defence services.
- Any other conduct which results in, or is likely to result in, disruption of work in essential defence services.
- May prohibit strikes, lock-outs, and lay-offs in units engaged in essential defence services.
- Employers violating the prohibition order through illegal lock-outs or lay-offs will be punished with up to one year imprisonment or Rs 10,000 fine, or both.
MAHITI FOR PRELIMS
Right to Strikes : Right to strike is recognized under Article 19(1) the Constitution of India , which guarantees the protection of certain freedoms as fundamental rights such as:
- Freedom of speech and expression.
- Assemble peaceably and without arms.
- Form associations or unions.
- Move freely throughout the territory of India.
- Reside and settle in any part of the territory of India.
- Practise any profession, or to carry on any occupation, trade or business.