The Odisha government uses OESMA to prohibit strikes by health workers for up to six months

On Sunday, April 16, the Odisha government invoked the Odisha Essential Services (Maintenance) Act (OESMA) 1988 to forbid strikes by nurses, pharmacists, paramedics, technicians, and others in order to prevent a breakdown in the delivery of healthcare in public hospitals, dispensaries, and other locations. With effect from the date of issuance, the order will be in effect for six months.

A notification of the Home (Special Section) Department issued on Sunday said that in the interest of the Public, it is necessary to prohibit strikes in the form of cessation of work by Nurses, Pharmacists, Paramedics, Technicians, other class-III and Class-IV employees etc. including contractual employees in services/engagements connected with maintenance of medical services in the Government Hospitals and Dispensaries in the State like District Head Quarters Hospitals, Sub- Divisional Hospitals, Area Hospitals, Community Health Center, Primary Health Centers, Municipality Hospitals, ESI Hospitals etc. including Medical Colleges and Hospitals run by Government and other autonomous Health Institutions receiving Grant-in-aid from State Government, specifically AHRCC, Regional Spinal Injury Centre including Jail Hospitals, Police Hospitals etc. so that health care delivery system in the State is not affected/disrupted.

According to Section 2(b) of the Odisha Essential Services (Maintenance) Act 1988, a strike is defined as “the cessation of work by a body of persons employed/engaged in any essential service acting in combination, or a concerted refusal, or a refusal under a common understanding, of any number of persons who are or have been so employed/engaged to continue to work, or to accept employment, and includes unauthorized absence from duty in pursuance of a common understanding among

Therefore, the State Government thus forbids strikes in the aforementioned services in accordance with the authority granted by sub-section (1) of Section-3 read in conjunction with Section-2 of the Odisha Essential Services (Maintenance) Act 1988 (Odisha Act 9 of 1992). The order will be in effect for six months starting on the date of issuance, according to the announcement.