The Punjab and Haryana High Court has left it open to the Punjab Government to explore the possibility of invoking the provisions of the Essential Services Maintenance Act (ESMA) to address the ongoing strike by employees rendering sanitation services in Municipal Committees across the State. The Bench said the state might consider ESMA, even as it granted time for a status report on the efforts being made to resolve the impasse across Punjab.

The observation Justice by Pankaj Jain came during the hearing of a petition filed against the State of Punjab and other respondents by Pardeep Kumar, Sanit Grewal and Jasinder Sekhon through senior advocate PS Sekhon, along with counsel Shehbaz Thind, GS Gill and Sultan Singh. 

Appearing before Justice Jain’s Bench on behalf of the respondent–Sangrur Municipal Council, senior advocate Anu Chatrath submitted: “Efforts are being made to find a solution to the problem that has arisen due to the strike by employees rendering sanitation services in the Municipal Committees across the State of Punjab”. She also prayed for two days’ time to submit a status report in the matter.

Accepting the request, Justice Jain’s Bench adjourned the matter to July 20. “In the meantime, the State may also explore the possibility of invoking the provisions of the Essential Services Maintenance Act, (ESMA).”

Among other things, the petitioners contended in the petition that the respondents had failed to restore uninterrupted sanitation services, make effective alternative arrangements, prepare a permanent contingency mechanism, or take proactive action under the applicable statutory provisions. They added that they were, as such, constrained to file the present petition before the High Court.

It was further submitted that, amid the continuing sanitation crisis, a detailed report had also been published in a newspaper and on a website highlighting the incidence and risk of mosquito-borne and water-borne diseases during the monsoon season. Representations were also submitted to the Minister for Local Government and other authorities, seeking immediate intervention, inspection of the affected locations, and fixation of responsibility. Photographs depicting the prevailing conditions were also annexed with the petition.

The petitioners further stated that the situation had worsened during the monsoon season, as accumulated garbage had mixed with rainwater and sewage, blocked drains, and created breeding grounds for mosquitoes, flies, and other disease-carrying insects.