On December 5, the Kerala High Court's division bench, which was made up of Chief Justice S. Manikumar and Justice Shaji P. Chaly, directed that government employees who had taken part in the nationwide strikes against the Centre's economic policies last year on March 28 and 29 be punished. The court emphasised once more that employees of the government do not have a right to protection under Article 19(1)(c) of the Constitution if they participate in mass strikes that disrupt daily life for the general public and the public purse. The clause safeguards people's ability to organise into groups or unions.

In G. Balagopalan v. State of Kerala and Others, the court ruled that no one has the legal right to organise a general strike or to encourage employees to strike under the cover of exercising a basic freedom protected by Article 19(1)(c) of the Constitution.

By citing the case, the court concluded that indiscreet public employees must face consequences in accordance with the Kerala Service Rules and Kerala Government Servants' Conduct Rules, 1960.

We have also found, in the decision in G. Balagopalan, that Part I of the Kerala Service Rules and Kerala Government Servants' Conduct Rules, 1960, discussed therein, make it clear that if any Government servant indulges in strike, he is liable to be proceeded in accordance with the provisions of the said rules.

The State (1st respondent) argued that it had given orders to prevent general strikes, and that all Heads of Department have been told to treat any employee absences that are not authorised under Rule 14 Part I KSR as dies-non, withholding pay for the days that the strike is in effect from their paychecks.

The Court determined that it was proper to adjudicate the case because the State is identifying the employees who participated in the general strike and taking necessary measures in accordance with the Kerala Service Rules and other notices. It told the State Government what to do "to proceed with the action and do the necessary, in order to ensure that the erring workers/employees who have acted against the Kerala Service Rules and other Conduct Rules, circulars/notifications issued by the State Government, in regard to participation in strikes, in accordance with law, and culminate in appropriate action."

Case Title: Chandra Chooden Nair S v. State of Kerala and Ors.
Citation: WP(C) NO. 10478 OF 2022

Link: https://hckinfo.kerala.gov.in/digicourt/orders/2022/215700104782022_6.pdf