Tuesday, July 22, 2003, Chandigarh, India





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SC rules strike not basic right of government staff
Tribune News Service and PTI

New Delhi, July 21
Asking the Tamil Nadu Government to show magnanimity in reinstating its sacked 1.70 lakh employees for striking work on the dispute over withdrawal of certain pensionary benefits, the Supreme Court today observed that the government employees across the country did not enjoy the fundamental right to strike and bring administration to a grinding halt.

The government employees across the country would now realise that going on strike is not a “fundamental right”. No government employee could be allowed to bring the administration to a “grinding halt”, a Bench comprising Mr Justice M.B. Shah and Mr Justice A.R. Lakshmanan observed during the hearing of a bunch of petitions by the Tamil Nadu Government employees’ unions.

Stating that no government employees, whatever might be their demands, could resort to strike and the authorities have to put an end to their “illegal actions”, the court in the verbal directives suggested to Tamil Nadu Government counsel K.K. Venugopal that the state administration should show “grace and magnanimity” in taking back the dismissed employees on their tendering an unconditional apology and giving the undertaking that they would not resort to such action in future.

When Mr Venugopal sought some time to seek the instruction from the state government to the court’s suggestion, the Bench allowed him four days to report back and posted further hearing of the matter for July 24.

The court, however, made it clear that those employees against whom criminal cases had been registered, could not be taken back on service.
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