ESMA is enforced to ensure that the essential services are not affected. If any one feels that ESMA was enforced without a just reason then he may challenge the imposition thereof in High Court/Supreme Court.
Why didn't Central govt enforce ESMA?
Work at central government offices here was partially affected on Wednesday as employees started their two-day all-India strike demanding inclusion of the employees’ confederation in the recently set up 7th central pay commission. Work in the Postal Department seems to have been worst hit. A large number of post offices across the State were closed. “Postal delivery, money orders and postal accounts have been affected. So why didnt central government enforce ESMA?
Asked 10 years ago in Criminal Law
2 Answers
There have been certain guidelines laid down by the courts which are to be followed by the government before the imposition of ESMA. It is for this reason that the government is very circumspect before imposing ESMA.