Application of ESMA Act: In Union India, each country has important state service maintenance measures that are different from small variations in its provisions of central law. LEGISLATION in India has not been widely used and many strikes have been going on for weeks without the government union or state government request Esma. Citizens have approached the court in the case of ESMA implementation, and the court order has forced the executive to declare Esma for attacks and strikes to be dismissed overnight.
While Esma, 1968 was a central legislation, several countries chose to make state laws, namely:
1. Rajasthan imposed law in resm (1970);
2. Maharashtra has enacted it as an important maintenance law of Maharashtra services, in 2017;
3. Law maintenance of important services Andhra Pradesh 1971;
4. Kerala Maintenance Law is important service, 1994. This law has been valid since 1994 in the state of Kerala. Like the general rule, the legal provisions of the central action are slightly different. The order of maintenance of Kerala services in 1993 was before this action.
5. Karnataka Act Maintenance Maintenance of Karnataka 1994. This law was passed by the Karnataka Government, valid since April 16, 1994. Life of the Law, which experienced a series on April 15, 2004, was ten years by section 1 (3) of action. The Government of Karnataka, although the action occurred in 2004, has threatened repeatedly to request action after that year. But the state has strength, without modification, to impose central law, unless the new law is enforced. The Karnataka government plans to re-introduce ESMA in 2013, and ESMA has been reproduced at Karnataka Effective June 9, 2015, with an important maintenance bill of Karnataka.
Banning strikes with important services and maintenance
What is a strike?
When individuals who provide important services whatever stops working, it is known as a strike. The definition of this strike also includes additional time refusal to maintain important services, if necessary. It also includes other behaviors that lead to termination of work or significant delays in each important service.
After 1980, a great effort to reform important labor laws was initiated by administration. The trade union in India has launched various strikes, demonstrations and union demonstrations on this initiative. The decades of this 80s are often called “decades of syndic.” ESMA is systematically used to suppress the movement of labor as a consequence of trade union actions. Esma was implemented in 1957, 1960, and in 1981 as far as four years was initially extended until 1990 for further five years.
Federal countries can prohibit strikes in important services listed in this action, including every post, telegraph, telephone, train, transportation services, etc. The different state government has implemented ESMA at different times, such as Tamil Nadu in 1979, Maharashtra in 1981. The government revived important service maintenance laws (ESMA) in 1992 due to protests against new economic policies growing. ESMA is a practical tool where workers, and especially public sector workers, suppress strikes and protests.
The Government of Uttar Pradesh uses ESMA and NSA in January 2000 to stop the sadness of workers on the Uttar Pradesh electric board. Many states, including Uttar Pradesh, Andhra Pradesh and Orissa, have included ESMA health services and calls for actions against the doctor on a strike. Esma was forced to attack airport employees in 2006 which rejected the privatization process of Delhi and Mumbai airport.
