Nagpur: Essential Defense Services Ordonance 2021, promulgated on June 30, not only made strikes in illegal government armory factories but expanded the scope to any industry related to defense production.
Going with words, strikes even in private companies engaged in the production of defense or related services may conflict with the law.
While workers are prohibited from strikes even with tokens, industrial organizational entrepreneurs can also be detained from putting employees.
There are provisions for the term prison for workers and employers, for violations of orders.
Ordonance also empowers the police to arrest suspects without a warrant.
The ordonance coincides with the declaration of attacks not limited by trade unions in weaponry factories.
This is contrary to the government’s steps to change the factory board (OFB) into a public company.
After the corporation, the factories must be independent, which may not be feasible because of irregular orders from defense force, the union said.
Ordonance says “any service in any establishment or business that deals with the production of goods or equipment needed for any purpose connected to defense” will be included among essential defense services.
Ordonance also empowers the central government to issue a gazette that states whatever service is important to defend, if the termination of its work can inhibit the production of defense, operation or maintenance of each industry engaged in the defense sector.
The term ‘strike’ covers even a sympathetic token or strike, rejection to leave overtime or bulk, read procedures.
Punishment includes dismissal and prison terms, ranging from one to two years.
Union leaders said the order was directly about the weaponry factory, because the definition of services included any formation that was engaged in defense production, so “it could cover the private sector as well”.
There are a number of private companies that exclusively deal with defense production.
In addition, there are corporates such as Bharat Forge, L & T and Tata Group, which have large bets in the defense business.
They have separate companies or special divisions in the same company structure serving the defense sector.
In Nagpur, Solar Group is a major player in ammunition manufacturing.
The defense business is handled by Economic Explosives Limited (EEL), a fully owned subsidiary.
There is a personal unit also serves weaponry plants based on work.
C Srikumar, Secretary General of the Federation of Indian Defense Employees, said the procedures would not only cover weaponry factories but also personal units.
“That’s the reason why the union has called it Draconian and plans to challenge him in court,” he added.
Bhartiya Pratiraksha Mazdoor Sangh (affiliated with RSS) Secretary General Mukesh Singh said, “Ordonance includes any unit that will be involved in the production of defense, not leaving the agitation room.” Singh said there was a plan to meet with the President, along with senior leaders of Bharatiya Mazdoor Sangh and expressed views on the regulation.
Orders make illegal strikes, but also strictly on employers.
The central government has been empowered to ban locking in such an industry by employers.
Even on-roll employee layoffs can be prohibited if done for reasons in addition to lack of power or natural disasters.