Essential Service, Strike
ANACT TO PROvlDEf FOR TKE MATNTENANCB OF CERTAIN BSSENTLAL SERVICES AND
THE NORMAL LIFE OF THE COMMUNITY IN ORlSSA
BEit enacted by the Legislature of the State or Orirra in the Thirty-ninth
Year of the Republic of India, as folIows; –
Gh~rtttile, 1. (I)This Act may be called the Orissa Essential Services (Maintenance)
exrcnt and Act, 1988.
(2) It shall cxtend tp the whole of the State or Orissa.
(3) It shall come into forcc at. once.
Dthnillona 2. In this Act, unless the context otherwise requires,-
CE (a) “essential senice” means-
(i) any service connected with the supPly or distribution of Ater and
with the maintenance of water-works;
(ii) any seryice connected with the maintenance of public health and
sanitation, including hospitals and dispensari&;.
(ill) my service connected with the production, suppIy or distribution of
electricity’ including any service under the Orissa State Electricity
Board constituted.undcrthe Electricity (SuppIy) Act, 1948; 54 a11w.
(iv) any service connected with transportation of.personslgoods:(b) “strike’? means the mssation of work by a body of persons employed in any
essential service actihg in combination or a concerted refusal or a refusal
under a common understanding of any number of persons who are or have
bean so employed, to continue to wark or lo acccpt ercploymeni and
(i) unanthoristd absence-from duty in pursuance ol a common usder-
standing among the persons who unaurborisedly abscnt themselves
from duty or under the djrectior! of any other ptrson or persons;
(ti) refual to work overtime where such work is necessary for [he
maintanancu of any essential service;
any otha conduct which is likely to result in, or results in. cessa!ioo
nr substantial retardation of work in any essential service.
- (2) If the State Government is satisfitd that in the public interest it is
necwaty or expedient so to do, it may, by general or special order, prohibit
rtrike.8 in any essential somice spedrfied in the order.
(2) An order made under eub-section (I) shall be published in sucb manner
the State Government co~idtrsbeak calculated to bring it to the notice ofthe
pcrsons affected by the order.
c3) An order made under sub-sstion (1)shall be in force for six month
only, but the State Government may, by a like ordcr, extend it for any period not
exceeding six monrhs if it is satisfied that in2hepublic inlerest, *it is necmary or
mpdient EOto do.
(4) Upon the issue of sn order under sub-section (I&
(a) no person cmployed in any essentiaI service to whici~the order relates
shall go or ramain on strike ; and
(6) anystrike declared or commenced, *hether Wore or after the issue
of the order, by persons employed in any such service shall be illegal.
- (1)If the State Governmenl is satistkd that in the public interest it is neces-
sary or expedient so to do, it may, by gnerul or special order, prohibit Iock-oats
in any establishment pxtaining to any essentiaI servicc specified in the order.
(2) An order made under sub-section (1)shall be published in such manner
as the State Government considers best ealculnted to -bringIt to thc notice of the
persons afFected by the ordcr.
(3) An order mndc under sub-section (1) shall be infox+ for six months bnly,
but the State Government may, by a like order, extend it for any period not
exceeding six months if it is satisfied that in the public interest it is nwssary so
(4) Upon the issue of an order uader sub-section (I) –
(6) noemplo~erin relatian to an atablishment to which the order appUes
shall commence any lwk-out;
(b)any lock-out dtolared or ~mmmcad.whethcr before or arter the. issue
of the order by any tmploycr in relation to an mtabBshment to which
the-orderapplits ahall be illegal. .
(5)Any employer in -relationto an q?!ablishment who eommenccs, continue
or owmi= actr in fudhereceof a lock-out which is illegal under . this .s&ion
shall bepunishable with imprisonment or a term which mcy extend to sh month, or
,withfine which.wyexfond – to :one’thousand rupeoe, or with bath.
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