Paid leave for strike days?

The state government wants employees to be given their salary for the two days they did not report for duty due to a nationwide general strike

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The Kerala government has appealed to the Supreme Court against the verdict of the High Court that quelled the government order granting paid leave to employees and teachers who failed to report to work during a two-day nationwide general strike two years ago.

The two-day strike was called on January 8 and 9, 2019 against the Central government’s policies. The government order that was issued on January 31, 2019 had allowed the government employees to be paid their salary for those two days and also consider them on leave.

However, the High Court had quelled that government order, following which the Kerala government has submitted a petition arguing that the government order was a policy decision. The High Court had responded saying that it has the power to intervene and investigate the correctness, legality and arbitrariness of such government orders and also quash or overrule the same if they are found to violate statutory provisions.

Further, the HC had maintained that it had found the government order to be illegal, arbitrary, and going against the statutory provisions. Therefore, it had ordered that the heads of departments examine the attendance registers, and accordingly, take lawful action, within two months from the date of receipt of a certified copy of the judgment.

As per law, no wages are payable for strike period, if the strike is illegal or unjustified.

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