Objective: The Act provides for maintenance of certain essential services and normal life of the
community. The Act is effective from 23rd September 1981.

Essential Services:
1. Postal, telegraph or telephone including any service connected therewith.

2. Railway or any transport for the carriage of persons or goods by air or any other transport for the
    carriage of passangers or goods by land or water with respect to which Parliament has powers to
    make laws.

3. services connected with the operation of maintenance of aerodromes, or with the operations, repair
    or maintenance of aircraft, or in the International Airports Authority of India.

4. in connection with the working of any major port, including any service connected with the loading,
    unloading, movement or storage of goods in any such port.

5. connected with the clearance of goods or passengers through the customs or with the prevention of
    smuggling.

6. in any establishment of, or connected with the armed forces of the Union or in any other
    establishments or installations connected with defence.

7. in any establishment or undertaking dealing with the production of goods required for any purpose
    connected with defence.

8. in any section of any industrial undertaking pertaining to a scheduled industry on the working of which
    the safety of such undertaking or the employees employed therein depends.

Industrial undertaking and scheduled Industry have the meaning as in the Industries (Development and Regulation) Act, 1951.

9. in, or in connection with the working of any undertaking owned or controlled by the Central
    Government being an undertaking engaged in the purchase, procurement, storage, supply or
    distribution of food grains.

10. in or connected with the working of, any system of public conservancy, sanitation or water supply,
     hospitals or dispensanes, in any Union teritorry, cantonment area or undertaking owned or controlled
     by he Central Government.

11. establishment or undertaking dealing with the production supply or distribution of coal, power, steel
      or fertilizers.

12. Oil field or refinery or establishment undertaking dealing with the production, supply or distribution of
      petroleum and petroleum products.

13. Mint or security press.

14. connected with elections to Parliament or to the Legislatures of the States.

15. connected with the affairs of the Union, not being a service specified as above.

16. connected with matter with respect to which Parliament has power to make laws and which the
     Central Government being of opinion that strikes therein would prejudicially affect the maintainance
     of any public utility service, the public safety or the maintainance of supplies and services
     necessary for the life of the community or would result in the infliction of grave hardship on the
     community, may by notification in the official Gazette declare to be an essential service for the
     purposes of this Act.

Important: It is important to note that strike has been given a detailed meaning under this Act. Cessation of work, refusal to work overtime where such work is necessary for the maintenance of any essential service, conduct likely to result in cessation or substantial retardation of work in any essential service amount to strike under this Act.

The Act further adds that the specified definitions under the Industrial Disputes Act 1947 are material.

Notification referred to above is required to the laid before each house of Parliament immediately after it is made, if it is in session and on the first day of the commencement of the next session of the house if not in session. Notification ceases to operate at the expiration of forty days from the date of its being so laid or from the re-assembly of Parliment unless approved by resolution by both houses of Parliament.

Other important provisions
    Prohibition of strikes,
    Dismissal of employee.
    Penalty for illegal strikes.
    Penalty for instigation etc.
    Penalty for giving financial aid to illegal strikes.
    Prohibition of lockout.
    Prohibition of layoff.
    Arrest without Warrant.
    Summary trial of offence.
    Overriding of other laws.

All these provisions of the Act categorically specify the powers of the Central Government to pass general or special order, at its satisfaction of necessity in public interest. Prohibition by the Central Government for a period not exceeding six months which can be extended, liability for disciplinary action, punishment with imprisonment for terms upto six months or one year and/or fines upto Rupees two thousand also specified with some important details.

It is important to note that power to arrest without warrant is, not withstanding Code of Criminal Procedure, 1973, conferred on any Police Officer and summary trial is, also not withstanding the same code, by any Metropolitan Magistrate or any Judicial Magistrate of the First Class specially empowered by the State Government Act. Acts such as Industrial Dispute Act 1947 are clearly over ridden.