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Striking work will be a non-bailable offence and police can arrest a striking employee without warrant under the Karnataka Essential Services Maintenance Bill, 2013 passed by the Legislative assembly here today.

The bill, popularly known as ESMA, is to put an end to employees working in water, power, health, transport and service sectors going on strikes, inconveniencing people.
The winter session of the state legislature is on here.

As per the bill, the definition under ESMA for essential services include any service connected with the production, generation, storage, transmission, supply or distribution of water or electricity and any transportation service for the carriage of passengers or goods by motor vehicles.

It gives government the power to declare even those services that the State has powers to make laws for under List II of the 7th Schedule of the Constitution, as essential services.

Upon conviction, those who commence a strike or continue to go on strike or takes part in any strike will be punished with a sentence up to one year or with fine up to Rs 5,000 or both. Those instigating or financing strikes also face the same punishment.

Those giving financial aid to illegal strike also will be booked under law. The order will come into force for a period of one year from the date the government publishes the order. However, it can be extended up to six months.

Striking work now non-bailable offence in Karnataka

A new law in Karnataka makes striking essential work by government servants a non-bailable offence facilitating arrest without a warrant.

"The amended Essential Services Maintenance Act (ESMA) has a provision to book a non-bailable case against government servants in-charge of essential services striking work," Law and Parliamentary Minister T. B. Jayachandra told the assembly before the bill was passed Wednesday amid protests by the opposition members.

The amended law also gives police power to arrest government servants on illegal strike without a warrant.

Opposition parties, including the Janata Dal-Secular (JD-S), Bharatiya Janata Party (BJP) and Karnataka Janata Party (KJP), however, urged the ruling Congress to withdraw the amendment bill, as it gives police sweeping powers to arrest officials without a court warrant.

Allaying fears, Jayachandra told opposition lawmakers that the provision to arrest without a warrant in the amended Act would be used in rarest of rare cases with the decision taken at the highest executive level.

"It is not against labour unions. The Act will be invoked only in the case of essential services like water supply, electricity, transport and healthcare are affected due to strike by the government staff," he clarified.

If arrested, the striking staff will face one-year imprisonment or a fine of Rs.5,000 or both in case of those who instigate the strike.

The definition under the amended ESMA includes any service connected with production, generation, storage, transmission, supply or distribution of water or electricity and any transportation service for carrying passengers or goods by motor vehicles.