Uttar Pradesh invokes ESMA, bans strikes for 6 months in all govt departments

ESMA prohibits strikes by employees in a long list of essential services like railway, airport, post and telegraph, and port operations.

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Lucknow: The Yogi Adityanath-led government in Uttar Pradesh on Wednesday (November 25, 2020) invoked the Essential Services Maintenance Act (ESMA) for six months. The Uttar Pradesh Essential Services Maintenance Act, 1966, prohibit strikes by employees in a long list of essential services like railway, airport, post and telegraph, and port operations.

"The State Government is satisfied that it is necessary and expedient in the public interest so to do," read the official notification. 

It added, "The Governor is pleased to prohibit for a period of six months strikes in any public service in connection with the affairs of the State of Uttar Pradesh and any service under a corporation owned or controlled by the State Government and any service under a local authority."

ESMA mandates imprisonment for a term which may extend to one year, or fine which may extend to Rs 1,000, or with both, to any person who instigates a strike which is illegal under this Act. It also gives the police right to arrest without a warrant anybody violating the Act's provisions.

The UP government had last invoked it in May this year.