ESMA, its role in quelling powermen’s protest

Insiders believe that the invoking of ESMA along with the calling of military personnel forced the members of UT Powermen Union to rethink their decision of a 72-hour long strike and reducing it to 36 hours till 4pm, on Wednesday. They called off the strike and resumed work.

The Act contains at least 10 sections defining the many aspects of this legislation. (Representational)

The implementation of East Punjab Essential Services (Maintenance) Act, 1968, approved by the UT Administrator-cum-Governor Punjab, Banwarilal Purohit, and undersigned by Adviser Dharam Pal banning strikes for upto next six months by the employees of UT Electricity Department has raised many concerns.

Insiders believe that the invoking of ESMA along with the calling of military personnel forced the members of UT Powermen Union to rethink their decision of a 72-hour long strike and reducing it to 36 hours till 4pm, on Wednesday. They called off the strike and resumed work.

What is the Essential Services (Maintenance) Act, 1947?
The Essential Services Maintenance Act, 1947, which is being read now as ESMA, 1968, is an Act of the Parliament which was established to ensure the delivery of certain services, which, if obstructed, would affect the normal life of people. This Act bars the employees engaged in the particular service to go on strike, discontinue their services, or not do their work. This Act falls in the list of Concurrent Subjects, meaning the Act is a subject of common interest of the Centre and the state.

What is the East Punjab Essential Services (Maintenance) Act, 1968?
“After the reorganisation of Punjab, there was a provision that all Punjab Acts shall be applicable irrespective of unless those are adopted by the central government irrespective of the Chandigarh Administration. In 1968, the Government of India passed an adoption order. We adopted the East Punjab Essential Services (Maintenance) Act, 1947, which is now read as Act 1968. Similarly, states like Himachal adopted it and titled Himachal Essential Services (Maintenance) Act, 1973,” a former law officer of the UT administration who does not wish to be named said. He added, “Though the states preferred to mention their names prior to this Act, the basic spirit of this Act is the same across the nation. Earlier too, EPESMA, 1968 was imposed in Chandigarh. ”

Sections in the EPESMA, 1968
The Act contains at least 10 sections defining the many aspects of this legislation. Section 3 authorises the state government/administrator to declare any service as an essential service. Purohit declared electricity supply an essential service under Section 3. Six months is the limit of this Act to be stayed once it has been invoked. “Apparently, there are very few instances when ESMA was involved in UT, but it is being slapped repeatedly in larger states. The state governments have made it a tool to suppress the genuine voice of protesting employees also,” a trade union leader said. Sections 5, 6 and 7 contain the provisions of offences, regulation of wages along with conditions of services and the penalties and procedure of the prosecution.

The FIR under EPESMA, 1968, registered in Chandigarh
UT police lodged an FIR under Section 7 of the EPESMA Act, 1968 against certain union leaders. It was registered at Sector 3 police station. Any person held guilty under EPESMA, 1968 shall face conviction with imprisonment upto three years and shall also be liable to a fine. A person can be arrested without warrant under the ESMA Act. Sources said that the FIR was kept in the category of ‘secret case’, details of which cannot be put in the public domain.

What the UT Powermen Union says…
“We were not informed about any FIR registered under EPESMA, 1968 against any of the leaders or members. Moreover, we ourselves had decided to call off the strike yesterday evening. When we came to know about the inconveniences being faced by the city residents, we deputed a section of powermen to rectify the faulty electricity lines Tuesday night and at the same time continued our strike. Yesterday afternoon, we went on our own to meet the Deputy Commissioner at his office in Sector 17. We called off the strike as they agreed on certain demands”, Gopal Dutt Joshi, General Secretary, UT Powermen Union, said.

Saurabh Parashar

Saurabh Parashar is an Assistant Editor at The Indian Express, primarily responsible for the publication’s coverage of Himachal Pradesh. He is a seasoned journalist with over 17 years of experience in print media, specializing in crime, legal affairs, and investigative reporting. Professional Background Education: He holds a Master’s degree in Mass Communication from Guru Jambheshwar University of Science & Technology (Hisar) and a Law degree from Himachal Pradesh University (HPU), Shimla. This legal background significantly informs his reporting on complex judicial and administrative matters. Career Path: Before joining The Indian Express in 2017, he spent 12 years with The Times of India. Core Beats: His primary focus is the socio-political landscape of the hill state, with a specific emphasis on the environment, forest conservation, drug menace (specifically "Chitta"), affairs related to tribal and archaeology and the unique challenges of governance in high-altitude regions. Recent Notable Articles (Late 2025) His recent reporting highlights the critical intersection of policy, law, and social safety in Himachal Pradesh: 1. "Himachal’s battle against Chitta: Why the border areas are most vulnerable" (Late 2025): An investigative look at the transit routes from Punjab and the impact on local youth. 2. "Shimla ropeway clears key hurdle as 820 trees face the axe :According to the Forest Survey of India’s 2021 assessment, 47.21 percent of Shimla’s 5,131 sq km geographical area is under forest cover (Nov 17, 2025). 3. "Himachal to handover 2.7427 ha of non-forest land for Shimla Ropeway: Given the land’s non-forest nature, RTDC and the state will not require permission from MoEFCC" (Nov 18, 2025) 4. "How the centuries-old Jodidara tradition is fading in Himachal’s Trans-Giri region: Jodidara: a form of fraternal polyandry—has long been part of Hatti tribal culture in the Trans-Giri region of Himachal Pradesh and adjoining Uttarakhand. It is believed to have evolved to prevent division of ancestral land and maintain unity among brothers in the harsh, mountainous terrain" (Aug 18, 2025) Legal & Agricultural Affairs "Kisan Sabha hails SC’s setting aside Himachal HC order to remove orchards from forest land" (Dec 18, 2025): Covering a major Supreme Court victory for farmers, where a High Court order to remove fruit-bearing apple orchards was overturned. "Himachal Cabinet nod to new tourism policy; focus on home-stays in tribal areas" (Dec 11, 2025): Detailing the legislative push to decentralize tourism and bring economic benefits to Lahaul-Spiti and Kinnaur. 3. Governance & Environment "Forest rights and development: Why Himachal is seeking more leeway from Centre" (Dec 19, 2025): Reporting on the legal hurdles faced by the state in infrastructure projects due to the Forest Conservation Act. "Cloudbursts and resilience: How Himachal’s remote villages are building back better" (Nov 2025): Following up on the long-term rehabilitation efforts after monsoon-related disasters. Crime especially cyber crimes, crypto currency etc: crypto currency: "Agents in uniform, motivational speeches, lavish parties: How a Himachal crypto con went unnoticed:A serial conman, a ‘Nelson Mandela Nobel Peace Award winner', and retired policemen got together to pull off a Rs 1,740-crore fraud" (Nov 10, 2023) Signature Beats Saurabh is recognized for his tenacious reporting on the state's drug epidemic. His deep familiarity with the topography and tribal culture of Himachal allows him to report from remote locations like Spiti, Pangi, Shillai, which are often overlooked by national media. His legal expertise makes him a primary choice for covering the Himachal Pradesh High Court on issues ranging from local body elections to environmental PILs. X (Twitter): @saurabh_prashar . ... Read More

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