Abstract

Strike, to start with, began as means of collective bargaining by the employees. However, over the year strikes by employees degenerated into an instrument of throwing public life into disarray and became a weapon of blackmail to force their demands upon the employer, which often is the State or the Central Government. The turmoil caused by strikes in the lives of ordinary citizen was not lost on all the branches of governance.

Article 21 of the Indian Constitution violated when threat to life, especially in case of strike by Doctors, Nurses and other staff of Hospitals occurred. When hospital resorts to strike call and they have also indulged in other disruptive acts. Consequent to such strike actions, the medical treatment of petitioner's parents and his wife is also being impeded causing a direct and imminent threat to their lives.

In many such instances courts in writ jurisdiction comes to rescue of those whose fundamental right to life protected under Article 21 of the Indian Constitution, either through suo motu cognizance on news items or on the initiative of some public interest spirited person.

This Research Paper deals with statutory provisions related to issue of strike affecting lives of many. The U.P. Essential Services Maintenance Act (ESMA), 1966 discussed along with other remedial measure of good governance in hospitals / institutions. The Legislature has enacted Uttar Pradesh Essential Services Maintenance Act, 1966 which contemplates stringent penalty against persons, who cause disruption in the lives of ordinary citizen by going on illegal strikes. Timely implementation of ESMA and execution of its provisions in letter and spirit may bring good results in preventing future strikes. Awareness about penal provisions among public may generate deterrent effect in the mind of those who are thinking of going on call for strike.