Essential Defence Services Bill-2021

Why in news?

The Lok Sabha has passed the Essential Defence Services Bill-2021 on August 3, 2021 that seeks to prevent workers of government-owned ordnance factories from going on strike to oppose corporatization of units.

What is the need of the bill?

With corporatization of Ordnance Factory Board (OFB), under which 41 factories involved in production of ammunition and other equipment for armed forces will become part of seven government-owned corporate units.

OFB was earlier managed by department of defence production and worked as an arm of the government.

OFB is being corporatize with the aim of improving efficiency and accountability of 41 units.

After smelling that the staff of the OFB might go on strike .

The Bill prohibits strike and lockouts across industrial establishment or unit engaged in essential defence services

What are the main features of the Defence Services Bill-2021?

-The Bill gives power to the government to declare services mentioned in it as essential defence services.

- Utility service: The Bill amends the Industrial Disputes Act, 1947 to include essential defence services under public utility services. 

-Under the Act, in case of public utility services, a six-week notice must be given before: (i) persons employed in such services go on strike in breach of contract or (ii) employers carrying on such services do lock-outs.

-The Cessation of work of such essential services would prejudicially affect the production of defence equipment or goods, operation or maintenance of industries or unit engaged in production of goods or equipment or repair or maintenance of products connected with defence.

-The Bill prohibits strike and lockouts across industrial establishment or unit engaged in essential defence services.

-The Bill mentions the threat of strike by workers’ unions in section titled as “statement of objects and reasons”.

-Punishment for illegal lock-outs and lay-offs: Employers violating the prohibition order through illegal lock-outs or lay-offs will be punished with up to one year imprisonment or Rs 10,000 fine, or both.

-All offences punishable under the Bill will be cognisable and non-bailable.

What is the Definition of strike in the bill?

Bill defines the action of strike as “

cessation of work, go-slow, stay-in, sit down, token strike, sympathetic strike or mass casual leave by persons engaged in essential defence services .

Which are cognizable Offences?

Cognizable are heinous crimes, whereas non-cognizable offences are not so serious.

Cognizable encompasses murder, rape, theft, kidnapping, counterfeiting, etc.

 cognizable offence means an offence in which a police officer has the authority to make an arrest without a warrant and to start an investigation .

Non-cognizable offences include offences like forgery, cheating, assault, defamation and so forth.