The imposition Tamilnadu Essential Services Maintenance Act (TESMA) is a classic case of the high handed approach of the Sate government. It is a normal practice to go on strike if the employees' unions demand certain things from the State or the employer. In the case of Tamilnadu, certain benefits were withdrawn and retiral benefits were delayed or withheld. This created unrest amongst state government employees and they went on strike. The employees did not take TESMA seriously which was the mistake of the union leaders or executive committees. They thought that TESMA is a threatening strategy and they did not anticipate that the State would use it to the core. The State went one step ahead and passed an ordinance so that it could use TESMA in full strength..

It does not augur well for the functioning of the State machinery. The High Court judgement advising the striking employees to give explanations to their higher authorities to get back onto the roll or to approach the State Administrative Tribunal is completely disappointing. This case involves a larger issue. When it advised the State to release them from prisons saying that it is to be approached with mercy and application of mind, it did not do the same with regard to delivering justice. Rather the Court went by the formalities of directing them to the State Administrative Tribunal. .

In the first place, the ESMA act is anti-labour. If the intent is to protect the essential services in the interests of the public, there should be a way out suggested for those in the essential services to submit their demands. If the ESMA is used to suppress the concerns of employees what is the way out for them?

It is highly a deplorable day in the history of Tamilnadu labours.