YOGESH BHATT Vs. STATE OF UTTARAKHAND & OTHERS

JUDGEMENT

(1.) By means of present writ petition (PIL), the applicant seeks following reliefs among others. The facts giving rise to present writ petition (PIL) are that the employees of the Treasury in the State of Uttarakhand are on strike for last more than one month and no suitable action has been taken by the Government to get the aforesaid strike called off nor any strict action has been taken by the respondents against employees involved in the aforesaid strike. Due to the aforesaid strike a great difficulty is being faced by the pensioners and other government employees, who get their pension and salary through the treasury of the State of Uttarakhand not only this, the development work in the State of Uttarakhand has also suffered on account of such illegal strike. Since, every government transaction has been rooted through treasury, salary and release of funds for development work is also adversely affected.

(2.) It is the contention of the applicant that the State Government has failed to take any action against the aforesaid illegal strike by the employees of the treasury and has miserably failed to discharge his duties in dealt with the situation due to inaction on the part of the government, public at large is suffering on account of strike by the employees of the treasury.

(3.) In P.K. Rang Rajan vs. Government of Tamilnadu and others, 2003 6 SCC 581, it was held by the Hon'ble Apex Court that the employees have no fundamental right to resort to strike. Take strike in any field, it can be easily realised that the weapon does more harm than any justice. Sufferer is the society-public at large. There is a prohibition to go on strike under the Uttarakhand Government Servant Conduct Rules, 2002.