ROSHAN JACOB OOMMEN Vs. UNION OF INDIA

JUDGEMENT

(1.) The writ petition was originally filed for a direction to the Union of India and the State of Kerala to take necessary steps to safe guard the interest of citizens in view of the petroleum dealers' strike that was announced by the Federation of Indian Petroleum Traders on 11th and 12th of July, 2017.

(2.) By the amendment petition, I.A. No.11930 of 2017, as the aforesaid date being over and the Federation of Indian Petroleum Traders have now announced the 1st of Aug., 2017 as a nation wide strike, additional facts have been brought on record. An additional relief is also sought for, for a direction to the Union of India and the State of Kerala to invoke provisions of the Essential Services Maintenance Act, 1981 (for short 'ESMA') as well as the Kerala Essential Services Maintenance Act, 1994 (for short 'KESMA'), State legislation.

(3.) The Central Act authorises the Central Government to invoke the provisions of the said Act to ensure maintenance of supplies of Essential Services and the Kerala Act authorises the State to do so. In view of Sec. 2(1)(a)(iii) of the Central Act (ESMA), the petroleum dealers would fall within the meaning of Essential Services.