Strike by government employees for old pension scheme is illegal; court should intervene: Maharashtra to Bombay High Court

The Maharashtra government on Friday told the Bombay High Court that the ongoing strike by Maharashtra State government employees seeking restoration of the Old Pension Scheme (OPS) is illegal and the Court should take cognizance of the same [Gunratan Sadavarte v. State of Maharashtra & Ors.]..A division bench of Acting Chief Justice SV Gangapurwala and Justice Sandeep Marne was hearing a plea by lawyer Gunratan Sadavarte seeking directions for immediate withdrawal of the ongoing strike by the State government employees including teaching and medical staff. Advocate General Dr Birendra Saraf told the Court that the State government is also willing to file an application in support of the plea seeking withdrawal of the strike."The Court may record my statement on behalf of the State - that this strike is illegal. The employees do not have a moral or fundamental right to go on a strike. There are several judgments of the Supreme Court since 1954," Saraf argued. .The bench at this point asked the State to place on record what steps they were going to take in light of the strike of the employees, for the benefit of citizens. "Our anxiety is that common citizen should not be deprived of essential service, and students should not be deprived of certificates and benefits of mid day meal scheme. What is the modalities that you will undertake for essential services, to ensure that there is no issue to the citizens, to safeguard their rights? What steps the government is taking to curb this menace?" the Court asked Saraf.The Court issued notice to all respondent authorities and the employee unions, and posted the matter for hearing on March 23..The petitioner, Sadavarte, appearing in-person, pointed out that public health service employees working in State run hospitals, sanitation workers and teachers are also on strike."Because of strike by members of teaching, non-teaching and health dept, people were being deprived of essential facilities," Sadavarte argued.He also submitted that citizens who require documentation from various departments, were returning empty handed as their work was getting stalled.He clarified that while he is not against the rights of the employees, such strikes should not affect the citizens and students. .Lakhs of employees in Maharashtra have been on an indefinite strike from March 14 seeking restoration of the Old Pension Scheme (OPS), which had been scrapped by the State in 2005.The strike has reportedly affected the health services at government hospitals, schools, and colleges. It has also impacted government offices in rural areas.In view of this, Sadavarte filed the present application in a pending public interest litigation of 2014 wherein the Court had expressed hope that no more strikes will occur leading to suffering of patients. .Sadavarte stated in the application that the government led by Chief Minister Eknath Shinde had announced that it would set up a committee to look into the demands of the employees.However, without looking into the ‘positive/ affirmative steps’ taken by the government, the employees proceeded to go on an ‘illegal strike’, it was submitted.Sadavarte also claimed that the strike is against the provisions of the Maharashtra Essential Services Maintenance Act, 2023 (MESMA).