The Essential Defence Services Act, 2021allows the central government to prohibit strikes, lock-outs, and lay-offs in units engaged in essential defence services.
Key Features
Essential Defence Services: Essential defence services include any service in any establishment dealing with production of goods or equipment required for defence purposes, or any establishment of the armed forces or defence. The government may also declare any service as an essential defence service, subject to some conditions.
Public Utility Service: The Act amends the Industrial Disputes Act, 1947 to include essential defence services under public utility services.
Now, a six-week notice must be given before the persons employed in such services go on strike in breach of contract or employers carrying on such services do lock-outs.
Strikes: Strike is defined as cessation of work by a body of persons acting together. It includes: (i) mass casual leave, (ii) coordinated refusal of any number of persons to continue to work or accept employment, (iii) refusal to work overtime, where such work is necessary for maintenance of essential defence services, and (iv) any other conduct which results in, or is likely to result in, disruption of work in essential defence services.
Prohibition on Strikes, Lock-Outs, and Lay-Offs: Under the act, the central government may prohibit strikes, lock-outs, and lay-offs in units engaged in essential defence services in the interest of sovereignty and integrity of India, security of any state, public order, public, decency or morality.
The prohibition order will remain in force for six months, and may be extended by another six months.
