Wednesday 27 June 2012

Doctors and strikes

The Supreme Court on Monday questioned the Indian Medical Association how ethical is their strike. Strike is a weapon of bargain for the workers to bring pressure upon the employer to concede to their demands. Strikes are a mode of collective bargaining.

Section 2(q) of the Industrial Disputes Act, 1947 defines ‘strike’ as:  "strike" means a cessation of work by a body of persons employed in any industry acting in combination or a concerted refusal, or a refusal under a common understanding, of any number of persons who are or have been so employed to continue to work or to accept employment;

Further, Section 22 of the Act prohibits strikes in public utility services[1].

Section 22: Prohibition of strikes and lock-outs- (1) No person employed in a public utility service shall go on strike in breach of contract--

(a) without giving to the employer notice of strike, as herein-after provided, within six weeks before striking; or

(b) within fourteen days of giving such notice; or

(c) before the expiry of the date of strike specified in any such notice as aforesaid; or

(d) during the pendency of any conciliation proceedings before a conciliation officer and seven days after the conclusion of such proceedings.

Strikes are prohibited in public utilities in order to prevent the public from unwarranted harassment. The Government is authorized to issue declaration only in respect of the industries enumerated in the First Schedule and there must be proved necessity for doing so. The First schedule to the Act enumerates 23 industries including banking, fire brigade services, coal, cement, foodstuffs, service in hospitals and dispensaries and defence establishments among others. The Government is authorized to issue a declaration in respect of these services and t must be in the interest of public or there must be public emergency to do so.

Public utility services are those services which fulfill some of the basic requirements of the public. They provide for the infrastructure for the development of the country. These include services like gas, electricity, insurance, banking, hospitals and air services, etc.

In a country like India, where the ratio of doctors per 1000 persons is dismal, a strike by the doctors is bound to affect the public at large. While the strike may be legal in nature but the question remains whether it is ethical.



[1] Section 2(n): "public utility service" means--
(i) any railway service or any transport service for the carriage of passengers or goods by air;
(ia) any service in, or in connection with the working of, any major port or dock;
(ii) any section of an industrial establishment, on the working of which the safety of the establishment or the workmen employed therein depends;
(iii) any postal, telegraph or telephone service;
(iv) any industry which supplies power, light or water to the public;
(v) any system of public conservancy or sanitation;
(vi) any industry specified in the First Schedule which the appropriate Government may, if satisfied that public emergency or public interest so requires, by notification in the Official Gazette, declare to be a public utility service for the purposes of this Act, for such period as may be specified in the notification:
Provided that the period so specified shall not, in the first instance, exceed six months but may, by a like notification, be extended from time to time, by any period not exceeding six months, at any one time if in the opinion of the appropriate Government public emergency or public interest requires such extension;

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