Odisha government invoked the Odisha Essential Services (Maintenance) Act to prohibit strikes in health sector

Bhubaneswar:17/4/23: The Odisha government on Sunday (April 16) invoked the Odisha Essential Services (Maintenance) Act (OESMA) 1988 to prohibit strikes in the form of cessation of work by nurses, pharmacists, paramedics, technicians, and others to ensure that there is no disruption in health care delivery system in government hospitals, dispensaries, etc.

The order shall remain in force for a period of six months with effect from the date of issue.

A notification of the Home (Special Section) Department issued on Sunday said that in the interest of the Public, it is necessary to prohibit strikes in the form of cessation of work by Nurses, Pharmacists, Paramedics, Technicians, other class-III and Class-IV employees etc. including contractual employees in services/engagements connected with maintenance of medical services in the Government Hospitals and Dispensaries in the State like District Head Quarters Hospitals, Sub- Divisional Hospitals, Area Hospitals, Community Health Center, Primary Health Centers, Municipality Hospitals, ESI Hospitals etc. including Medical Colleges and Hospitals run by Government and other autonomous Health Institutions receiving Grant-in-aid from State Government, specifically AHRCC, Regional Spinal Injury Centre including Jail Hospitals, Police Hospitals etc. so that health care delivery system in the State is not affected/disrupted.

“…as per Section 2 (b) of the Odisha Essential Services (Maintenance) Act 1988, strike means the cessation of work by a body of persons employed/engaged in any essential service 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/engaged to continue to work or to accept employment and includes unauthorized absence from duty in pursuance of a common understanding among the persons who unauthorizedly absent themselves from duty or under the direction of any other person or persons,” the notification reads.

“Now, therefore, in exercise of the power conferred by sub-section (1) of Section-3 read with Section-2 of the Odisha Essential Services (Maintenance) Act 1988 (Odisha Act 9 of 1992), the State Government do hereby prohibit strikes in the aforesaid services. The order shall remain in force for a period of six months with effect from the date of issue,” the notification added.