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Chandigarh: HC restrains PGI workers from going on strike without its nod
Deferring matter to January 22, HC asks conciliation officer to decide on the dispute between PGIMER and employees within two months
In what could be termed as major relief for the PGIMER administration and patients, the Punjab and Haryana high court has directed that employee unions at the premier health institute are not to go on strike without the court’s permission.
The hospital administration and various employee unions have been at loggerheads over a host of issues, including arrears, salary and service conditions for years together now.
The latest strike at PGI, by outsourced hospital attendants, had continued for seven days since October 10 and was taken back only after high court’s intervention. They were demanding, among other issues, the release of long-pending arrears amounting to approximately ₹30 crore.
With the strike being supported by other outsourced workers, including sanitary and kitchen staff, the stir grew to more than 3,000 workers, majorly disrupting hospital services, including patient management and sanitation.
During the strike, new OPD registrations and elective surgeries were completely suspended for a week, putting patients, many of them coming in from neighbouring states, through immense hardship.
While passing its order, the bench of chief justice Sheel Nagu and justice Anil Kshetarpal said, “..considering the importance and relevance of the petitioner institute, not only for the patients of UT Chandigarh, but also of neighbouring states, like Jammu & Kashmir, Himachal Pradesh, Punjab, Haryana, Rajasthan and Uttar Pradesh, this court directs as an interim measure that the employees of petitioner (PGIMER) of any category (regular or contractual) are restrained by a writ of prohibition from proceeding on strike during pendency of the conciliation proceedings before the conciliation officer (deputy chief labour commissioner).”
The HC also asked the conciliation officer to conclude the proceedings on the dispute between PGIMER and employees within a period of two months. In case, the officer decides the dispute against the petitioner institute, then keeping in view “pendency of the matter before this court”, none of the employees of any category, whether they belong to any union/association or not, shall proceed on strike without the permission of this court, it said, while deferring hearing to January 22.
These orders have been passed during resumed hearing of a clutch of petitions filed by the institute against either strike call or incidents of strike reported on various occasions, the latest in October.
Why are employees on warpath
As per details given before the court by the central government, the Union ministry of labour and employment on December 12, 2014, had abolished contract labour in the jobs of sanitation services, security services and catering services, etc., at institutes and other government places on the recommendation of the Central Advisory Contract Labour Board (CACLB).
But PGIMER was exempted following a request from the institute, subject to the condition that workers are paid wages and other facilities equal to the lowest paid regular workers performing similar functions.
The exemption was extended from time to time and it ended on January 13, 2024. The ministry was approached again for extending the exemption. However, CACLB has kept it pending in view of proceedings pending against the institute on complaints of violation of labour norms.
As per PGIMER, workers have been paid wage arrears up to January 13, 2024. However, arrears post that period are pending in view of the proceedings pending before the conciliation officer. The delay has spurred multiple protests by outsourced employees.
October strike not the first instance
Notably, even earlier this year, the high court on February 5 had stayed the February 7 strike notice given by various workers union on the plea from the institute.
On November 12, 2023, the high court had stayed a notice for mass casual leave for November 14 by PGI Medical Technologists Union. Besides mass casual leave, some of the non-faculty union, other than technologists union, had threatened to go on indefinite hunger from November 14, if their demands were not met.
Other instances when unions gave strike call and were restrained by court are from August 2019, March 2020 and March 2022. The resident doctors of PGIMER had also gone on strike for 11 days in August this year over the brutal rape-murder of a trainee doctor in Kolkata.
