SC won’t allow review of its order on strike

Closing doors for reconsideration of one of its most debated judgements, the Supreme Court today refused permission to a Kerala NGO for fili...

Closing doors for reconsideration of one of its most debated judgements, the Supreme Court today refused permission to a Kerala NGO for filing a petition seeking review of its landmark verdict holding that government employees had no right to go on strike.

A two-judge bench comprising Justice M.B. Shah and A.R. Lakshmanan perused the application for review filed by the Kerala NGOs Association on Sept 5, in the chambers today, but dismissed the same. The deterrent judgement banning strike by government employees said: ‘‘The employees have no fundamental, statutory or equitable right to go on strike.’’

The counsel for the petitioner, K. Rajeev, submitted to the court that provisions exist in the Industrial Disputes Act and the Trade Unions Act regarding ‘‘strike’’ and for ‘‘collective bargaining’’. What is barred under the Industrial Disputes Act is only an illegal strike and not a general strike. A strike becomes illegal only when it contravenes some of the provisions of the Act, he felt.

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On the question of if the right to strike was fundamental, statutory or equitable/moral right, the bench said: ‘‘In our view, no such right exists with the government employees.’’

Meanwhile, agitated over the decision, trade unions will hold a national convention here on Friday to demand that the Government take steps to negate the impact of the judgement. ‘‘The trade union movement is shocked over the pronouncement of the court and this convention will renew the workers’ pledge to protect their right to agitate and strike,’’ major Central trade Unions said in a joint statement here.