Odisha Govt invokes ESMA, prohibits strikes by nurses, paramedics & others for six months

Bhubaneswar: Amid the ongoing nation-wide protest over a Kolkata doctor’s rape and murder case, Odisha Government today invoked the Essential Services Maintenance (ESMA) Act to prohibit strikes by the staff of the Health Department.

The Home Department of the State government issued a notification in this regard saying that the ESMA Act will remain in force for the next six months.

“Whereas the State Government are satisfied that in the interest of Public, it is necessary to prohibit strikes in the form of cessation of work by the Nurse, Paramedics, technicians, other class-III and Class-IV employees etc. including contractual employees in services/engagements connected with maintenance of medical services in the Government Hospitals and Dispensaries in the State like District Head Quarters Hospitals, Sub-Divisional Hospitals, Area Hospitals, Community Health Centres, Primary Health Centres, Municipality Hospitals, ESI Hospitals etc. including Medical Colleges and Hospitals run by Government and other autonomous Health Institutions receiving Grant-in-aid from State Government, specifically AHRCC, Regional Spinal Injury Centre including Jail Hospitals, Police Hospitals etc. so that health care delivery system in the State is not affected/disrupted,” read the notification.

“And whereas as per Section 2 (b) of the Odisha Essential Services (Maintenance) Act 1988, strike means the cessation of work by a body of persons employed/engaged in any essential service acting in combination or a concerted refusal or a refusal under a common understanding of any number of persons who are or have been so employed/engaged to continue to work or to accept employment and includes unauthorized absence from duty in pursuance of a common understanding among the persons who unauthorizedly absent themselves from duty or under the direction of any other person or persons,” it added.

“Now, therefore, in exercise of the power conferred by Section-3 of real with Section-2 of the Odisha Essential Services (Maintenance) Act 1988 (Odisha Act 9 of 1992), the State Government do hereby prohibit strikes in the aforesaid services. The order shall remain in force for a period of six months with effect from the date of issue,” the notification further said.

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