6 days ago
HC terms strike by staff of subordinate courts as ‘illegal'
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Jaipur: Terming the ongoing strike by employees of subordinate courts as "illegal," a single judge bench of
Rajasthan High Court
Thursday directed the employees to return to work on Friday morning. The court asked district judges to hold a meeting with the district collector and district SP to ensure alternative working arrangements if employees fail to report for duty by 10.30am on Friday.
It also asked district judges to meet with Bar associations to seek voluntary and pro-bono services from young lawyers.
On Wednesday, Justice Ashok Kumar Jain had taken cognisance of work being affected in subordinate courts due to the strike and sought a report in this regard from the Registrar Judicial. On Thursday, the Registrar Judicial submitted the report and stated that judicial employees of the state went on mass leave from July 18, because of which work in courts had been affected.
"When, in a system, lawyers who are an indispensable part of the system in providing access to justice cannot resort to strike, then how can employees who are getting bread and butter from the money paid as tax by poor citizens of this country resort to strike?" Justice Jain said.
He said that in order to maintain essential services, there is the Essential Services Maintenance Act (ESMA), and to maintain court services, ESMA can be involved.
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The court specifically stated that if employees fail to join duties, district judges should work out alternative work arrangements. "The Bar association is also requested to assist the respective district judge, and the district judge should initiate disciplinary proceedings against any such employee or group of employees who are at the forefront and instigating others to abstain from work," the court said.
Under banner of Rajasthan Judicial Employees Union, the employees are on mass leave to demand cadre restructuring. Surendra Narayan Joshi, president of the union, said this demand has been pending for the past two years. "The full bench of the High Court passed a proposal in this regard on May 6, 2023, and sent it to the state govt, but the govt has not implemented it even after two years," Joshi said.
