Old Pension Scheme: Plea In Bombay HC Against Strike By State Govt Employees

A petition has been filed in the Bombay High Court seeking urgent relief from the continuing strike by Maharashtra state government employees, including teachers and medical personnel.
The petition, submitted by lawyer Gunratan Sadavarte, was addressed by a division bench comprising acting Chief Justice SV Gangapurwala and Justice Sandeep Marne for an urgent hearing.
The bench decided to hear the matter on March 17, 2023.
On March 14, lakhs of employees in Maharashtra have been on indefinite strike, demanding the restoration of the Old Pension Plan (OPS), which was abolished by the state in 2005.
The protest has impacted health services at government hospitals, schools, and institutions. It has also had an influence on rural government offices.
Advocate Sadavarte’s appeal stated that even public health workers at state-run hospitals, sanitation workers, and teachers are on strike.
He informed the bench that patients in government-run hospitals were suffering as a result of the strike.
Sadavarte further noted that residents who needed documents from various departments were leaving empty-handed while their job was hindered.
According to the application, the period of the strike coincided with the ongoing class 10 and 12 board examinations.
“Not obtaining the treatment well in time and postponing of procedures owing to the strike is against the breach of Article 21 of the Constitution of India. “The strike would be a political instrument, and innocent civilians should not suffer as a result,” Sadavarte stated in his appeal.
He filed the current plea in an existing public interest action from 2014, in which the Court expressed optimism that no additional strikes would occur, causing patients to suffer.
He underlined that, while he is not opposed to employee rights, such strikes should not damage residents or students.
Advocate Sadavarte further claimed that the government led by Chief Minister Eknath Shinde, has announced the formation of a commission to investigate employee requests.
But, without considering the government’s ‘positive/ affirmative measures,’ the employees went on an ‘illegal strike.’
“As a result of this, services in hospitals, educational institutes, government establishments, tax offices, and even district collector offices have entirely shut down,” the plea stated.
In light of this, he moved the Court, requesting that the employees withdraw their appeal as early as possible.