The Kerala high court has asked the government not to pay employees taking part in the 48-hour nationwide shutdown called by trade unions, saying government employees do not come under the ambit of workers and their participation in the strike is against service rules.
Calling the participation of government employees in the strike illegal, the bench headed by Chief Justice S Mani Kumar and comprising Justice Shaji P Chaly asked government to issue an order immediately declaring no work, no pay.
The court was hearing a petition by activist Chandrachoodan Nair, which sought declaring of participation of government employees in the strike unconstitutional. Citing the earlier practice of giving full pay to employees when they took part in strike and marking them on leave, Nair said this amounted to the government encouraging employees to stay away from work.
Kerala was crippled by the 2-day strike called by trade unions as shutdown was enforced and almost all government offices and businesses remained closed. Stray incidences of violence and stone- throwing were reported.
The Kerala law department might move the Supreme Court against the HC order. It is learnt to be seeking the opinion of the director-general of prosecution.
KP Rajendra, All India Trade Union Congress leader, said the order was unfortunate and the court should have issued directions to the Union government and not the poor workers.