The Hindu : Stop midnight arrests, avoid agitations: HC

Online edition of India's National Newspaper
Saturday, Jul 05, 2003

Southern States

Southern States - Tamil Nadu

Stop midnight arrests, avoid agitations: HC

By A. Subramani

CHENNAI JULY 4. The Madras High Court today advised the Government to stop midnight arrests and harassment of striking employees and, at the same time, asked the staff to eschew agitations keeping in mind the duty they owed to the public.

Justice P.D. Dinakaran, during arguments on a petition by the Tamil Nadu Cooperative Subordinate Officers Association challenging the Tamil Nadu Essential Services Maintenance Act and its applicability, said: "You should stop midnight arrests, videographing and conducting searches at their (employees') houses. If they are at fault, proceed against them departmentally".

Noting that such "imprudent" behaviour would lower the State's image, the judge said, "I am sure, the Government will voluntarily resolve the matter. Hence I don't want to pass any order".

The Advocate-General, N.R. Chandran, assured the judge that he would communicate the court's suggestion to the Government for appropriate action.

The matter was then posted to Monday for further hearing, but Mr. Justice Dianakran did not rule out the possibility of his sitting in court on Saturday "if the need arises". He also hoped to hear some `good news' by 8 p.m. today.

Earlier, disapproving of attempts by counsel for the petitioner to differentiate between essential and non-essential services, the judge said: "Tell me which is not an essential service? Every employee of the Government, irrespective of the department he works in, is essential... Government service is a status and not a contract. If you have any grievance, you should agitate the issue before the competent forum. You can't just go on strike and then throw the blame on the police. The government machinery should work, otherwise you and I cannot exist".

Counsel S.M. Subramaniam referred to the withdrawal of pensionary, gratuity and leave encashment benefits through five government orders and said fundamental rules could not be altered to the disadvantage of the personnel already in service. Despite several representations made by employees unions' and negotiations the Government was reluctant to consider the demands. Moreover, the `blanket inclusion' of all government services under the ESMA was unconstitutional, he argued.

Printer friendly page
Send this article to Friends by E-Mail

Southern States

Stories in this Section

Ordinance issued for mass dismissal

Govt. to go ahead with recruitment

Stop midnight arrests, avoid agitations: HC

TNAU counselling begins

TNPL planning major expansion

It's my duty to protect all people: CM

Fundamentalist arrested

Alleged attack on Mullaivendhan

Fleeing employees jump over wall

Vaiko remand extended till July 15

'DMK regime was employee-friendly'

What the ordinance says