Plea before Bombay High Court against strike by Maharashtra government employees for old pension scheme

A plea has been filed before the Bombay High Court seeking directions for immediate withdrawal of the ongoing strike by Maharashtra state government employees including teaching and medical staff [Gunratan Sadavarte v. State of Maharashtra & Ors.].The plea by lawyer Gunratan Sadavarte was mentioned before a division bench of acting Chief Justice SV Gangapurwala and Justice Sandeep Marne for urgent listing. The bench agreed to hear the matter for interim relief tomorrow. Lakhs of employees in Maharashtra have been on an indefinite strike from March 14 seeking restoration of the Old Pension Scheme (OPS), which had been scrapped by the State in 2005. The strike has reportedly affected the health services at government hospitals, schools, and colleges. It has also impacted government offices in rural areas..The application by Sadavarte pointed out that even public health service employees working in State run hospitals, sanitation workers and teachers are on strike. He informed the Court that due to the strike, patients in government run hospitals were suffering. .He pointed out that citizens, who require documentation from various departments, were returning empty handed as their work was getting stalled. The application pointed out that timing of the strike has coincided with the ongoing class 10 and 12 board examinations. “Not getting the treatment well in time and postponement of surgeries due to the strike is against the violation of Article 21 of the Constitution of India. The strike would be a political tool and due to which the innocent citizens should not suffered,” Sadavarte underscored in his petition..In view of this, Sadavarte filed the present application in a pending public interest litigation of 2014 where the Court had expressed hope that no more strikes will occur leading to suffering of patients. He clarified that while he is not against the rights of the employees, such strikes should not affect the citizens and students. .Sadavarte further submitted that the government led by Chief Minister Eknath Shinde had announced that it would set up a committee to look into the demands of the employees.However, without looking into the ‘positive/ affirmative steps’ taken by the government, the employees proceeded to go on an ‘illegal strike’, it was submitted.“Due to this, the services in hospitals, educational institutes, government establishments, tax offices and even the district collector offices have completely shut”, the plea said.Sadavarte also claimed that the strike is against the provisions of the Maharashtra Essential Services Maintenance Act, 2023 (MESMA)..In view of this, Sadavarte approached the High Court seeking directions to the employees to withdraw their plea.