Tamil Nadu   

Tribunal notice to Government on TESMA provisions

By Our Staff Reporter

CHENNAI, FEB. 13. The Tamil Nadu Government Employees Association has challenged the constitutional validity of six sub-sections of the Tamil Nadu Essential Services Maintenance Act before the State Administrative Tribunal.

The Vice-Chairman, Justice I. David Christian, before whom the application filed by the association general secretary, P.S. Soundara Pandian, came up for hearing today, admitted it and ordered notice to the Government, returnable in two weeks. The association has over two lakh Government servants as members.

According to Mr. Pandian, Section 7 of the Act, which came into force with retrospective effect, was bad in the law as striking employees were not informed of the consequences before the commission of the act. It would be tantamount to punishing a person by ex post facto law and was violative of the spirit of Article 20 of the Constitution. He said the impugned provisions would deprive employees of their collective bargaining strength, and wanted the provisions quashed.

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