How ESMA is EFFECTIVE? India has contributed significantly since the era of important service maintenance laws, 1968. It is an effective tool in the hands of the government during the pre-liberalized days to prevent service disruptions by strike workers. Asking action throughout the country is also easier because most countries are ruled by one party. Instead of being reactive measures, the action is used more often as a precautionary measure. The government must, for example, be prepared well before the strike starts if a number of workers must attack in February and if suspected dialogue between the government and the trade union must collapse.
Since the 1990s, the economic scenario shifts and many industries are very privatized. In this industry, someone will never be able to hear trade unions and redeem customers. The government must now look at services where syndicates remain strong and consider inducing the involvement of the private sector to mitigate economic impacts and consumer strikes.
In the main, because ESMA maintains its strength to violate all existing laws and to instill fear of arrest of residents, it has the potential to succeed. But this power unfortunately is not used to handle problems proactively but to save the crisis that has been out of control. This is more a weapon today in the hands of political parties that use or do not use the use of this action as they like. ESMA needs to be used as a competitive governance tool and effective policy to take steps that are far harder and effective for proactive monitoring situations, for example in mid-70, when pre-emptive and timely steps taken against the initiators Prevent damage in Indian train functions.
The Trade Union Congress throughout India (AITUC) strongly opposes ESMA’s implementation and other penalty steps to stop strikes of workers and collective actions. The right to strike is fundamental and fundamental rights. Employees retain the right to collective bargaining with employers through strikes and the right to join the labor association. This also applies to class officers, which is also booming. Brutal attack on the rights of trade unions was seen when oil industry officials were angry by the government’s rejection even to negotiate, decided that strikes would be organized. It imposes ESMA, assumes arbitrary ban, prohibits officers to attack the party, or participate in all forms of work related to their union, and threaten to capture, suspend them. Instead of taking a mediation attitude to complete the empowerment of the problem, it imposes ESMA.
An important service maintenance law in 1968 is one of the important laws of the state to protect the public interest. In this action, the central government has various power to maintain important services for ordinary citizens who usually move smoothly. Important service maintenance laws (ESMA) are applied to prevent unnecessary attacks. If employees from the department significantly took part in the strike, and the government rejected its demands for the termination of attacks, but workers did not stop their strikes, the government acted against them in the provisions of ESMA. This allows the government to ban strikes in certain “essential” industries and demand conciliation or arbitration. Interpretation “important service, ” however, varies from country to country. There is a legal mechanism for decisions based on this action when disputes arise.
