State can invoke ESMA against striking doctors : HC

Kochi, Jan 11 (UNI) The Kerala High Court today observed the state government could invoke the provisions of the Essential Services Maintenance Act (ESMA) against striking doctors as their services were essential to the society.

A Division Bench comprising Chief Justice V K Bali and Mr Justice M Ramachandran made the observation while disposing of four writ petitions against the proposed medical strike tomorrow.

The petitions were closed following submission by counsel that Indian Medical Association (IMA) has called off the proposed strike.

The petitioners contended that the doctors' strike was illegal and sought a direction to the state government to invoke provisions of ESMA.

The Court said services of the doctors were essential and strike may force, the government invoke the provisions of ESMA against the striking doctors.

The Court also observed that any aggrieved doctor or association concerned would approach any forum like the government or court to address their problems.

The Bench also noted, the doctors being engaged in a noble profession should seek remedy from an appropriate forum depending on the issue instead of going on a strike.

UNI