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1969 Supreme(Ker) 124

P.GOVINDA NAIR, V.P.GOPALAN NAMBIYAR, RAMAN NAYAR
DY. ACCOUNTANT GENERAL – Appellant
Versus
STATE OF KERALA – Respondent


Judgment :-

1. In August 1968, various unions of employees of the Central Government gave notice of a one-day strike on the 19th September to press some demand of theirs, a token strike as it is called, being in token or earnest of what they could and would do if the demand was not met. The Central Government, it would appear, chose to meet the threat rather than the demand. On the 13th September, the President promulgated the Essential Services Maintenance Ordinance, 1968, S.3 whereof empowered the Central Government to prohibit strikes in any essential service as defined in S.2, and S.4, 5 and 6 whereof provided for penalties for persons participating in any such prohibited strike as well as for persons instigating and financing such strikes. On the same day the Central Government issued an order under S.3 of the Ordinance, in effect prohibiting strikes in any service in connection with the affairs of the Union, although some services, like the postal, telegraph or telephone service, were specifically mentioned. This notwithstanding, the threatened strike did take place it is claimed that it was a signal success in this State as elsewhere in the country. As a result, numerous com


































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