Delhi government invokes ESMA, declares nurses’ strike illegal
Declaring nurses’ strike as illegal, the Delhi government has
invoked the Essential Services Maintenance Act (ESMA). The Lieutenant-Governor
has approved the government’s proposal to invoke ESMA against the agitating
nurses.
Background:
More than 2,000 nurses are on strike demanding revision of pay
scale and allowances. The strike had affected medical services in most city
hospitals. The agitation is a part of a nationwide protest with over 70,000
government nurses going on an indefinite strike.
The nurses are opposing the recommendations of the 7th Pay
Commission and demanding immediate redress of issues related to pay and
allowances.
About ESMA:
The Essential Services Maintenance Act (ESMA) is an act of
Parliament of India. It is a central law.
- It was established to ensure the delivery of certain services, which if obstructed would affect the normal life of the people. These include services like public transport (bus services), health services (doctors and hospitals).
- Although it is a very powerful law, its execution rests entirely on the discretion of the State government. Each state in the union of India, hence has a separate state Essential Services Maintenance Act with slight variations from the central law in its provisions. This freedom is accorded by the central law itself.
