Delhi HC issues directions on employing contractual staff in hospitals

The court said it will be the responsibility of the medical superintendent of the hospital to ensure that the contractual workers are not abused or misused in any manner and that their salaries payments are proper, in accordance with the amount being released by the hospitals

The Delhi high court has issued a slew of directives to central government hospitals and Lady Hardinge Medical College in Delhi to ensure that contractors engaging a temporary workforce in these institutions do not resort to improper and corrupt practices.

Issuing a slew of directions, the court said the hospital administration shall create awareness among the outsourced workers about their dues and statutory deductions. (Getty Images/iStockphoto)

In a judgment dated October 27, justice Prathiba M Singh said the hospital administrations shall ensure that steps are taken to monitor such contractors on a regular basis.

The court said it will be the responsibility of the medical superintendent of the hospital to ensure that the contractual workers are not abused or misused in any manner and that their salaries payments are proper, in accordance with the amount being released by the hospitals.

“For selection of the contractual firm through GeM, two separate and independent committees, bid finalisation committee and bid evaluation committee, comprising non-administrative faculty members will be constituted,” the the judge said in a 15-page order.

She also said approval shall be obtained from the ministry concerned for award of contract, after the bids are evaluated and finalised.

The court was dealing with a plea filed by contractually employed persons, working at the Lady Hardinge Medical College and Hospital, challenging the illegal termination of their services. The workers contended that the new contractor was coercing them to pay money to ensure their continued employment.

Perusing the report by the committee, appointed by the Union health ministry, the court said there were several gaps in the recruitment of contractual workers.

Issuing a slew of directions, the court said the hospital administration shall create awareness among the outsourced workers about their dues and statutory deductions.

“For the said purpose, when they report for duty for the first time, a senior person from the hospital administration shall try and hold an interactive session in the presence of the contractor to sensitise them as to their rights and duties,” the court said.

The judge said proper and transparent criteria shall be fixed and, once the contractor has finalized the workers, the administration shall verify their identity cards and documents before they are allowed to report for duty.

While directing the constitution of a committee comprising at least two senior persons – one from administration and one from the faculty, the court said committee would interact with the outsourced employees on a quarterly basis to ascertain whether they are facing any difficulties, including with regards to salaries and other payments.

“In accordance with the committee’s recommendations, salary slips may be issued each month to the outsourced workmen showing the breakup of admissible salary and statutory deductions, and the net salary payable through the bank must reflect on the salary slips,” the court said.

It further said a complaint box shall be put up in a prominent place on the hospital premises, so that any contractual workers may submit their grievances, in an anonymous manner if they so choose. These complaints shall also be looked into, and action taken within two weeks of receiving the complaint.