J&K Power Department Warns Against Strikes: Legal Citing and Supreme Court Ruling Highlighted

The Jammu and Kashmir Power Development Department (PDD) has issued a stern warning to its employees, cautioning them against resorting to strikes or demonstrations. In a circular dated March 26, 2024 (Circular No. 03-JK PDD of 2024), the department emphasized adherence to government instructions, the J&K Government Employees (Conduct) Rules, and a Supreme Court ruling regarding such actions.

The circular highlighted concerns about certain employees engaging in demonstrations and strikes to support assumed demands, branding such actions as entirely illegal. It referenced Rule 20 (ii) of the Jammu and Kashmir Government Employees (Conduct) Rules, 1971, which unequivocally prohibits government employees from participating in or supporting any form of strike related to their service or that of any other government employee.

Furthermore, the circular drew attention to SRO-160 dated July 14, 1995, which prohibits Gazetted officers from forming associations. It specified that recognition of Service Associations could be withdrawn if they were found to violate service conduct rules or fail to meet specified conditions.

Additionally, the circular cited a communication from the General Administration Department in 2023, cautioning government employees against engaging in unwarranted demonstrations and strikes, deeming such actions as serious acts of indiscipline and misconduct.

Referencing a Supreme Court ruling in the case of T.K. Rangarajan vs Government of Tamil Nadu (SC 2003), the circular emphasized that employees do not possess fundamental, statutory, or moral rights to strike, as there is no law supporting it. It underscored that strikes disrupt society and governance, and employees must seek redress through established mechanisms rather than resorting to strikes, which often lead to chaos and maladministration.

The circular concluded by warning employees that any intention to strike or organize demonstrations would be dealt with strictly in accordance with the law.

This warning from the J&K Power Department comes amidst concerns over disruptions caused by strikes and demonstrations and underscores the importance of adherence to legal provisions and established channels for grievance redressal.

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