Why is it in the News?

The Odisha Government invoked the Orissa Essential Services (Maintenance) Act (ESMA) prohibiting strikes by paramedical staff, including nurses, pharmacists, technicians, Class III and IV employees, to ensure that medical services are not disrupted.

About Essential Services Maintenance Act (ESMA):

The Indian Parliament enacted ESMA in 1968 to ensure the continuous provision of critical services crucial to people's daily lives. This legislation prohibits employees in essential services from striking, regardless of bandhs or curfews.

• Designated Essential Services: Public conservation, sanitation, water supply, hospitals, national defense, petroleum, coal, electricity, steel, fertilizer production, and banking-related services fall under the ambit of essential services.
• Communication, transportation, and government initiatives for food grain acquisition and distribution are also covered.
• State-Specific Application: State governments, individually or collaboratively, can enforce ESMA within their territories, each having its own version with slightly varied provisions.
• This allows states to address disruptions that impact specific regions.
• Central Government Activation: In the case of a nationwide disruption, especially in sectors like railways, the central government may invoke ESMA.
• Consequences for Striking Employees: Employees engaging in illegal strikes under ESMA can face disciplinary action, including dismissal. Legal consequences may involve arrests without a warrant, with imprisonment for up to one year, fines, or both for those participating or instigating the strike.